Bill Text: TX SB114 | 2017 | 85th Legislature 1st Special Session | Introduced

Texas Senate Bill 114 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the Texas Behavioral Health Executive Council and to the continuation and transfer of the regulation of sex offender treatment providers, psychologists, marriage and family therapists, professional counselors, chemical dependency counselors, and social workers to the Texas Behavioral Health Executive Council; providing civil and administrative penalties; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2017-08-12 - Co-author authorized [SB114 Detail]

Download: Texas-2017-SB114-Introduced.html

	85R8323 MAW-D

	By: Hinojosa, Taylor of Collin	S.B. No. 114



	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
	sex offender treatment providers, psychologists, marriage and
	family therapists, professional counselors, chemical dependency
	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 506 to read as follows:
	CHAPTER 506. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 506.001. 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. 506.002. 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
	the following laws expire September 1, 2029:
	(1) Chapter 110; and
	(2) this subtitle.
	SUBCHAPTER B. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
	Sec. 506.051. 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. 506.052. 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. 506.053. 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. 506.054. 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. 506.055. PRESIDING OFFICER. The member appointed by
	the governor is the presiding officer of the executive council.
	Sec. 506.056. 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 506.051;
	(2) does not maintain during service on the executive
	council the qualifications required by Section 506.051;
	(3) is ineligible for membership under Section 506.052
	or 506.053;
	(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. 506.057. REIMBURSEMENT. A member of the executive
	council may receive reimbursement for travel expenses as provided
	by the General Appropriations Act.
	Sec. 506.058. 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. 506.059. 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. 506.101. 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. 506.102. 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. 506.103. 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. 506.104. 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. 506.151. GENERAL POWERS AND DUTIES. The executive
	council shall administer and enforce Chapter 110 and this subtitle.
	Sec. 506.152. GENERAL RULEMAKING AUTHORITY. The executive
	council shall adopt rules as necessary to perform its duties and
	implement this chapter.
	Sec. 506.153. LIMITATION REGARDING CERTAIN RULES. (a)
	Unless the rule has been proposed by the applicable council or board
	for a profession regulated by the executive council under Chapter
	110, 501, 502, 503, or 505, 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 council or 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. 506.154. FEES. The executive council shall set fees in
	amounts reasonable and necessary to cover the costs of
	administering Chapter 110 and this subtitle, 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. 506.155. 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. 506.156. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
	The executive council shall adopt rules and guidelines as necessary
	to comply with Chapter 53.
	Sec. 506.157. 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. 506.158. 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. 506.159. 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.
	SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
	Sec. 506.201. 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. 506.202. 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. 506.203. 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. 506.204. 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 the
	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. 506.205. 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. 506.206. 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 506.205.
	Sec. 506.207. 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. 506.251. 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. 506.252. 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. 506.253. 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. 506.254. 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. 506.255. 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. 506.256. 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 506.251.
	(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 506.251 for the initial issuance of the
	license; or
	(2) this section as part of a prior license renewal.
	Sec. 506.257. 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. 506.301. 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 506.257 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. 506.302. 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. 506.303. 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. 506.304. 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. 506.305. 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. 506.306. 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 council or board for a profession
	regulated by the executive council under Chapter 110, 501, 502,
	503, or 505, 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. 506.351. 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. 506.352. 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. 506.353. 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. 506.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
	Not later than the 20th day after the date the person receives the
	notice under Section 506.353, 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. 506.355. HEARING. (a) If the person requests a
	hearing or fails to respond in a timely manner to the notice under
	Section 506.353, 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. 506.356. 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. 506.357. 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. 506.358. 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. 506.359. 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. 506.360. 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. 506.361. ADMINISTRATIVE PROCEDURE. A proceeding under
	this subchapter is subject to Chapter 2001, Government Code.
	SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
	Sec. 506.401. 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. 506.402. 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. 506.403. 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. 506.404. 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. Sections 110.001(3) and (7), Occupations
	Code, are amended to read as follows:
	(3) "Executive council" [~~"Department"~~] means the
	Texas Behavioral Health Executive Council [~~Department of State~~
	~~Health Services~~].
	(7) "Sex offender treatment provider" means a person,
	licensed by the executive 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
	executive council [~~Texas 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.
	SECTION 2.002. Section 110.051(a), Occupations Code, is
	amended to read as follows:
	(a) The council is administratively attached to the
	executive council [~~within the department~~]. The executive council
	shall provide the staff and facilities necessary to perform the
	duties of the council under this chapter or other law.
	SECTION 2.003. Sections 110.053(b), (c), and (d),
	Occupations Code, are amended to read as follows:
	(b) An officer, employee, or paid consultant of a Texas
	trade association in the field of sex offender treatment may not be
	a member of the council [~~and may not be an employee of the council~~
	~~who is exempt from the state's position classification plan or is~~
	~~compensated at or above the amount prescribed by the General~~
	~~Appropriations Act for step 1, salary group A17, of the position~~
	~~classification salary schedule~~].
	(c) A person who is the spouse of an officer, manager, or
	paid consultant of a Texas trade association in the field of sex
	offender treatment may not be a member of the council [~~and may not~~
	~~be an employee of the council who is exempt from the state's~~
	~~position classification plan or is compensated at or above the~~
	~~amount prescribed by the General Appropriations Act for step 1,~~
	~~salary group A17, of the position classification salary schedule~~].
	(d) A person may not serve as a member of the council [~~or act~~
	~~as the general counsel to the 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 council.
	SECTION 2.004. Section 110.056(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 council 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 council, who shall notify the
	governor and the attorney general that a potential ground exists.
	SECTION 2.005. Section 110.057(b), Occupations Code, is
	amended to read as follows:
	(b) The council may hold additional meetings at the call of
	the presiding officer or as provided by executive council rule.
	SECTION 2.006. Section 110.059, Occupations Code, is
	amended to read as follows:
	Sec. 110.059. TRAINING. (a) A person who is appointed to
	and qualified for [~~To be eligible to take~~] office as a member of the
	council may not vote, deliberate, or be counted as a member in
	attendance at a meeting of the council until the [~~, a~~] person
	completes [~~appointed to the council must complete at least one~~
	~~course of~~] a training program that complies with this section. [If
	~~the person has not completed the training course at the time of the~~
	~~appointment, the person must complete the training program not~~
	~~later than six months after the date of appointment.~~]
	(b) The training program must provide the person with
	information [~~to a person~~] regarding:
	(1) the law governing [~~enabling legislation that~~
	~~created the~~] council operations;
	(2) the programs, [~~operated by the council;~~
	[~~(3) the role and~~] functions, [~~of the council;~~
	[~~(4) the~~] rules, and [~~of the council, with an emphasis~~
	~~on the rules relating to disciplinary and investigatory authority;~~
	[~~(5) the current~~] budget of [~~for~~] the council;
	(3) the scope of and limitations on the rulemaking
	authority of the council;
	(4) [~~(6)~~] the results of the most recent formal audit
	of the council;
	(5) [~~(7)~~] the requirements of:
	(A) laws relating to open meetings, public
	information, administrative procedure, and disclosing conflicts
	[~~Chapters 551, 552, and 2001, Government Code;~~
	[~~(8) the requirements of the conflict~~] of interest;
	and
	(B) other [~~laws and other~~] laws relating to the
	members of the council in performing their duties [~~public~~
	~~officials~~]; and
	(6) [~~(9)~~] any applicable ethics policies adopted by
	the council or the Texas Ethics Commission.
	(c) A person appointed to the 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 qualified for office [~~, as provided by the~~
	~~General Appropriations Act, as if the person were a member of the~~
	~~council~~].
	(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 council member. On receipt of
	the training manual, each council member shall sign and submit to
	the executive director a statement acknowledging receipt of the
	training manual.
	SECTION 2.007. Subchapter D, Chapter 110, Occupations Code,
	is amended by adding Section 110.1515 to read as follows:
	Sec. 110.1515. COUNCIL DUTIES. The council 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 sex offender treatment; 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 2.008. Chapter 110, Occupations Code, is amended by
	adding Subchapter D-1, and a heading is added to that subchapter to
	read as follows:
	SUBCHAPTER D-1. EXECUTIVE COUNCIL POWERS AND DUTIES
	SECTION 2.009. Sections 110.152, 110.154, 110.156,
	110.158, 110.161, 110.162, and 110.163, Occupations Code, are
	transferred to Subchapter D-1, Chapter 110, Occupations Code, as
	added by this Act, redesignated as Sections 110.171, 110.172,
	110.173, 110.174, 110.175, 110.176, and 110.177, Occupations Code,
	respectively, and amended to read as follows:
	Sec. 110.171 [~~110.152~~]. LIST AND LICENSE REQUIREMENTS. The
	executive council shall:
	(1) maintain a list of sex offender treatment
	providers under Section 110.175 [~~110.161~~]; and
	(2) develop and implement by rule under Subchapter G:
	(A) license requirements; and
	(B) procedures for sex offender treatment
	providers.
	Sec. 110.172 [~~110.154~~]. DISTRIBUTION OF MONEY. The
	executive council shall distribute money appropriated to the
	executive council by the legislature for that purpose to political
	subdivisions, private organizations, or other persons to be used
	for the development, operation, or evaluation of sex offender
	treatment programs.
	Sec. 110.173 [~~110.156~~]. ADJUDICATION INFORMATION. (a) The
	executive council shall establish a uniform method of obtaining
	adjudication information. The uniform method must require that:
	(1) a complete set of fingerprints, the complete name
	of the person being investigated, or other information necessary to
	conduct a criminal history background check be submitted to the
	Department of Public Safety or another law enforcement agency; and
	(2) if fingerprints are submitted, the fingerprints be
	submitted to the Federal Bureau of Investigation for further
	information if a relevant disqualifying record or other substantive
	information is not obtained from a state or local law enforcement
	agency.
	(b) A law enforcement agency may provide to the executive
	council information about the conviction or deferred adjudication
	of a person being investigated only if the information:
	(1) is relevant to the person's current or proposed
	registration; and
	(2) was collected in accordance with this section.
	(c) The executive council is not entitled to adjudication
	information that is not relevant. Adjudication information is
	relevant only if it relates to a conviction or deferred
	adjudication for:
	(1) a sexual offense;
	(2) murder, assault, battery, or any other offense
	involving personal injury or threat to another person; or
	(3) a felony not listed in Subdivision (1) or (2).
	(d) All adjudication information received by the executive
	council is privileged information and for the exclusive use of the
	executive council. The information may be released or otherwise
	disclosed to any other person or agency only:
	(1) on court order; or
	(2) with the consent of the person being investigated.
	(e) The executive council by rule shall establish a method
	to collect and destroy adjudication information after the executive
	council makes a decision on the eligibility of the person for
	registration who is the subject of the information. The executive
	council shall destroy the adjudication information not later than
	the first anniversary of the date of the executive council's
	decision on the person's eligibility for registration.
	Sec. 110.174 [~~110.158~~]. APPLICATION OF RULES [~~RULEMAKING~~].
	[~~(a) The council may adopt rules consistent with this chapter. In~~
	~~adopting rules, the council shall:~~
	[~~(1)~~ ~~consider the rules and procedures of the~~
	~~department; and~~
	[~~(2)~~ ~~adopt procedural rules consistent with similar~~
	~~existing rules and procedures of the department.~~
	[~~(b)~~] A sex offender treatment provider licensed under this
	chapter is subject to the rules of the executive council, in
	relation to the person's provision of sex offender treatment,
	rather than the rules of the licensing entity by which the provider
	is licensed or otherwise regulated. A sex offender treatment
	provider who acts in conformance with the rules, policies, and
	procedures of the executive council is not subject to any
	administrative sanction against the provider by the licensing
	entity by which the provider is licensed or otherwise regulated.
	Sec. 110.175 [~~110.161~~]. PUBLICATION OF LIST. (a) The
	executive council shall prepare annually a list of sex offender
	treatment providers.
	(b) The executive council by rule shall establish
	procedures for developing and distributing the list of sex offender
	treatment providers.
	(c) The executive council, on request, shall make the list
	of sex offender treatment providers available on payment of a
	reasonable fee in an amount sufficient to cover the costs of
	printing and distribution.
	Sec. 110.176 [~~110.162~~]. CONFIDENTIALITY REQUIRED. The
	executive council and the staff and consultants employed by the
	executive council shall keep confidential any record relating to
	the identity, examination, diagnosis, prognosis, or treatment of a
	sex offender.
	Sec. 110.177 [~~110.163~~]. GRANTS AND DONATIONS. The
	executive council may apply for and accept on behalf of the state a
	grant or donation from any source to be used by the executive
	council to perform its duties under this chapter.
	SECTION 2.010. Subchapter D-1, Chapter 110, Occupations
	Code, as added by this Act, is amended by adding Section 110.178 to
	read as follows:
	Sec. 110.178. DISCLOSURE OF CERTAIN INFORMATION.
	Notwithstanding Section 506.205, information and material compiled
	by the executive council in connection with a complaint or
	investigation under this chapter may be disclosed to the following
	entities in addition to the entities listed in Section 506.205(b):
	(1) professional sex offender treatment provider
	licensing or disciplinary boards in other jurisdictions; or
	(2) an approved peer assistance program, as defined by
	Section 467.001, Health and Safety Code.
	SECTION 2.011. Sections 110.302(a) and (b), Occupations
	Code, are amended to read as follows:
	(a) The executive council by rule shall develop procedures
	and eligibility and other requirements for issuance of a license
	under this chapter, including, if appropriate, requirements
	related to clinical practice experience and assessment, continuing
	education, and supervision.
	(b) In developing the rules, the executive council shall
	coordinate with the Texas Department of Criminal Justice and the
	Texas Juvenile Justice Department.
	SECTION 2.012. Section 110.303, Occupations Code, is
	amended to read as follows:
	Sec. 110.303. LICENSE OF OUT-OF-STATE APPLICANTS. The
	executive council may waive any prerequisite to a license for an
	applicant after reviewing the applicant's credentials and
	determining that the applicant holds a valid license from another
	state that has license requirements substantially equivalent to
	those of this state.
	SECTION 2.013. Section 110.304, Occupations Code, is
	amended to read as follows:
	Sec. 110.304. CONVICTION OR DEFERRED ADJUDICATION
	INFORMATION. The executive council may receive from a law
	enforcement agency information about the conviction or deferred
	adjudication of a person who has applied for a license or renewal of
	a license.
	SECTION 2.014. Section 110.305(a), Occupations Code, is
	amended to read as follows:
	(a) The executive council by rule may adopt a system under
	which licenses expire on various dates during the year.
	SECTION 2.015. Section 110.309, Occupations Code, is
	amended to read as follows:
	Sec. 110.309. DENIAL OF LICENSE. The executive council may
	deny an application for a license if:
	(1) the executive council determines that a previous
	criminal conviction or deferred adjudication indicates the
	applicant is not qualified or suitable; or
	(2) the applicant fails to provide the information
	described by Section 110.173(a)(1) [~~110.156(a)(1)~~].
	SECTION 2.016. Section 110.351, Occupations Code, is
	amended to read as follows:
	Sec. 110.351. DISCIPLINARY POWERS OF EXECUTIVE COUNCIL.
	The executive council shall take disciplinary action under
	Subchapter G, Chapter 506, against [~~revoke, suspend, or refuse to~~
	~~renew a license, place on probation a person whose license has been~~
	~~suspended, or reprimand~~] a person who is licensed under this
	chapter if the person violates this chapter or a rule adopted under
	this chapter [~~of the council~~].
	SECTION 2.017. Section 110.402(a), Occupations Code, is
	amended to read as follows:
	(a) A person commits an offense if the person releases or
	discloses in violation of Section 110.173 [~~110.156~~] adjudication
	information received by the executive council.
	SECTION 2.018. 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 2.019. The heading to Section 501.053, Occupations
	Code, is amended to read as follows:
	Sec. 501.053. MEMBERSHIP [~~AND EMPLOYEE~~] RESTRICTIONS.
	SECTION 2.020. 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 2.021. 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 2.022. 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 2.023. The heading to Subchapter D, Chapter 501,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER D. [~~BOARD~~] POWERS AND DUTIES
	SECTION 2.024. 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 2.025. 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 2.026. 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 2.027. Section 501.154, Occupations Code, is
	amended to read as follows:
	Sec. 501.154. ANNUAL LISTING. (a) The executive council
	[~~board~~] shall publish annually a list of all psychologists licensed
	under this chapter. The list shall be provided in both alphabetical
	and geographical arrangements.
	(b) The list must contain the name and address of each
	psychologist and other information that the executive council
	[~~board~~] requires.
	(c) The executive council [~~board~~] shall:
	(1) mail a copy of the list to each person licensed
	under this chapter; and
	(2) furnish copies to the public on request.
	SECTION 2.028. 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 2.029. 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 2.030. 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 2.031. 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 Section 501.253, has:
	(A) at least two years of supervised experience
	in the field of psychological services; 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) 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.
	SECTION 2.032. 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 2.033. 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 2.034. 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 2.035. 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 2.036. 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 2.037. 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 2.038. 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 2.039. 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 2.040. 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 2.041. 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 506, 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 2.042. 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 2.043. 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 2.044. 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 2.045. 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 this chapter.
	(b) The executive council [~~board~~] may not include an
	estimation of other damages or harm in a refund order.
	SECTION 2.046. 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.
	SECTION 2.047. 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 2.048. The heading to Section 502.053, Occupations
	Code, is amended to read as follows:
	Sec. 502.053. MEMBERSHIP [~~AND EMPLOYEE~~] RESTRICTIONS.
	SECTION 2.049. 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 2.050. 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 2.051. 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 2.052. The heading to Subchapter D, Chapter 502,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER D. [~~BOARD~~] POWERS AND DUTIES
	SECTION 2.053. 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 2.054. 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 2.055. 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 2.056. Section 502.157, Occupations Code, is
	amended to read as follows:
	Sec. 502.157. ANNUAL REGISTRY. (a) The executive council
	[~~board~~] shall annually prepare a registry of all license holders.
	(b) The executive council [~~board~~] shall make the registry
	available to the public, license holders, and other state agencies.
	SECTION 2.057. 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 2.058. 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 2.059. 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 2.060. 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 2.061. 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 2.062. 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 2.063. 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 2.064. 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 2.065. 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 2.066. 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 2.067. 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 2.068. 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 2.069. The heading to Subchapter H, Chapter 502,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER H. DISCIPLINARY ACTIONS [~~AND PROCEDURES~~]
	SECTION 2.070. 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 506, 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 2.071. 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 506, [I] unless enforcement of the penalty is stayed or a
	court has ordered that the administrative penalty is not owed.
	SECTION 2.072. 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 506 [~~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 2.073. 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 2.074. 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 2.075. The heading to Section 503.104, Occupations
	Code, is amended to read as follows:
	Sec. 503.104. MEMBERSHIP [~~AND EMPLOYEE~~] RESTRICTIONS.
	SECTION 2.076. 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 2.077. 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 2.078. 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 2.079. The heading to Subchapter E, Chapter 503,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER E. [~~BOARD~~] POWERS AND DUTIES
	SECTION 2.080. 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 2.081. 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 2.082. Section 503.207, Occupations Code, is
	amended to read as follows:
	Sec. 503.207. LICENSE HOLDER REGISTRY. (a) Each year the
	executive council [~~board~~] shall prepare a registry of persons
	licensed under this chapter. The registry must include listings of
	any specializations permitted by law or by executive council
	[~~board~~] rule. The registry shall be made available on request to a
	license holder, another state agency, or a member of the public.
	(b) A person licensed under this chapter shall inform the
	executive council [~~board~~] of the person's current address at all
	times.
	SECTION 2.083. Section 503.208, Occupations Code, is
	amended to read as follows:
	Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL
	DUTIES. The executive council [~~board~~] shall identify the key
	factors for the competent performance by a license holder of the
	license holder's professional duties.
	SECTION 2.084. 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 2.085. 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 2.086. 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 2.087. 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 2.088. 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 2.089. 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 2.090. 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 2.091. 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 2.092. 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 2.093. 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 2.094. 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 2.095. 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 2.096. 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 2.097. 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 2.098. The heading to Subchapter I, Chapter 503,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER I. DISCIPLINARY ACTIONS [~~PROCEDURES~~]
	SECTION 2.099. 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 506, [~~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 2.100. 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 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 2.101. 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 2.102. Sections 504.001(4), (6), (8), and (9),
	Occupations Code, are amended to read as follows:
	(4) "Clinical training institution" means a person
	registered with the executive council [~~department~~] in accordance
	with Section 504.1521 to supervise a counselor intern.
	(6) "Counselor intern" means a person registered with
	the executive council [~~department~~] in accordance with Section
	504.1515.
	(8) "Executive council" [~~commissioner"~~] means the
	Texas Behavioral Health Executive Council [~~executive commissioner~~
	~~of the Health and Human Services Commission~~].
	(9) "Peer assistance program" means a program approved
	by the executive council [~~department~~] under Section 504.057.
	SECTION 2.103. The heading to Subchapter B, Chapter 504,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COUNCIL [~~COMMISSIONER~~
	~~AND DEPARTMENT~~]
	SECTION 2.104. Section 504.051, Occupations Code, is
	amended to read as follows:
	Sec. 504.051. GENERAL POWERS AND DUTIES [~~OF EXECUTIVE~~
	~~COMMISSIONER~~]. The executive council [~~commissioner~~] shall:
	(1) adopt rules as necessary for the performance of
	its duties under this chapter;
	(2) establish standards of conduct and ethics for
	persons licensed under this chapter; and
	(3) establish any additional criteria for peer
	assistance programs for chemical dependency counselors that the
	executive council [~~commissioner~~] determines necessary.
	SECTION 2.105. Section 504.052, Occupations Code, is
	amended to read as follows:
	Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an
	action or making a decision under this chapter, the executive
	council [~~commissioner, commissioner, and department~~] shall do so
	without regard to the sex, race, religion, national origin, color,
	or political affiliation of the person affected. For purposes of
	this section, taking an action or making a decision under this
	chapter includes:
	(1) considering a license application;
	(2) conducting an examination;
	(3) adopting or enforcing a rule; and
	(4) conducting a disciplinary proceeding.
	SECTION 2.106. Sections 504.055(a), (b), and (d),
	Occupations Code, are amended to read as follows:
	(a) The executive council [~~department~~] may prepare and
	publish a roster showing the name and address, as reflected by the
	executive council's [~~department's~~] records, of each chemical
	dependency counselor.
	(b) If the executive council [~~department~~] publishes a
	roster under this section, the executive council [~~department~~] shall
	mail a copy of the roster to each person licensed under this chapter
	[~~by the department~~] and shall file a copy of the roster with the
	secretary of state.
	(d) The executive council [~~department~~] may charge a fee [in
	~~an amount set by the executive commissioner by rule~~] for the roster
	published under this section.
	SECTION 2.107. Section 504.057, Occupations Code, is
	amended to read as follows:
	Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a)
	The executive council [~~department~~] shall approve one or more peer
	assistance programs established [~~by the department or a~~
	~~professional association~~] in accordance with Chapter 467, Health
	and Safety Code, from which persons licensed under this chapter may
	seek assistance.
	(b) The executive council [~~department~~] shall approve a peer
	assistance program that:
	(1) meets the minimum criteria established [~~by the~~
	~~executive commissioner or department~~] under Chapter 467, Health and
	Safety Code;
	(2) meets any additional criteria established by the
	executive council [~~commissioner or department~~] for chemical
	dependency counselors licensed under this chapter; and
	(3) is designed to assist a chemical dependency
	counselor whose ability to perform a professional service is
	impaired by abuse of or dependency on drugs or alcohol.
	(c) The executive council [~~department~~] shall maintain a
	list of approved peer assistance programs for licensed chemical
	dependency counselors on the executive council's [~~department's~~]
	Internet website.
	SECTION 2.108. Section 504.058, Occupations Code, is
	amended to read as follows:
	Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR
	PROGRAMS. (a) The executive council [~~commissioner~~] shall add a
	surcharge of not more than $10 to the license or license renewal fee
	for a license under this chapter to fund approved peer assistance
	programs for chemical dependency counselors. Money collected from
	the surcharge shall be remitted to the comptroller for deposit to
	the credit of the chemical dependency counselor account. The
	chemical dependency counselor account is an account in the general
	revenue fund.
	(b) Subject to the General Appropriations Act, the
	executive council [~~department~~] may use the money from the surcharge
	collected under this section and deposited in the chemical
	dependency counselor account only to fund approved peer assistance
	programs and to pay the administrative costs incurred by the
	executive council [~~department~~] that are related to the programs.
	SECTION 2.109. Subchapter B, Chapter 504, Occupations Code,
	is amended by adding Section 504.059 to read as follows:
	Sec. 504.059. ADVISORY BOARD. The executive council shall
	establish an advisory board to provide advice and recommendations
	to the executive council on technical matters relevant to the
	administration of this chapter. Chapter 2110, Government Code,
	does not apply to the duration of the advisory board.
	SECTION 2.110. Section 504.1511, Occupations Code, is
	amended to read as follows:
	Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A
	license issued under this chapter must include an area on which a
	license holder may apply an adhesive label issued by the Texas
	Certification Board of Addiction Professionals with the
	designation and expiration date of any other related certification
	held by the license holder that is approved by the International
	Certification and Reciprocity Consortium or another entity
	approved by the executive council [~~department~~].
	SECTION 2.111. Section 504.1515, Occupations Code, is
	amended to read as follows:
	Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a
	license as a chemical dependency counselor shall register with the
	executive council [~~department~~] as a counselor intern by submitting,
	in a form acceptable to the executive council [~~department~~], the
	following:
	(1) an application fee and a background investigation
	fee;
	(2) a completed, signed, dated, and notarized
	application on a form prescribed by the executive council
	[~~department~~];
	(3) a recent full-face wallet-sized photograph of the
	applicant;
	(4) two sets of fingerprints completed in accordance
	with executive council [~~department~~] instructions on cards issued by
	the executive council [~~department~~];
	(5) documentation verifying the applicant
	successfully completed:
	(A) 270 total hours of approved curricula
	described by Section 504.152(a)(3)(A) [~~504.152(3)(A)~~]; and
	(B) 300 hours of approved supervised field work
	practicum described by Section 504.152(a)(3)(C) [~~504.152(3)(C)~~];
	and
	(6) documentation verifying the applicant received a
	high school diploma or its equivalent.
	(b) The executive council [~~department~~] may obtain criminal
	history record information relating to a counselor intern or an
	applicant for registration as a counselor intern from the
	Department of Public Safety and the Federal Bureau of
	Investigation.
	SECTION 2.112. Section 504.152, Occupations Code, is
	amended to read as follows:
	Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be
	eligible for a license under this chapter, a person must:
	(1) be at least 18 years of age;
	(2) hold an associate degree or a more advanced
	degree;
	(3) have completed:
	(A) 135 hours, or nine semester hours, specific
	to substance abuse disorders and treatment and an additional 135
	hours, or nine semester hours, specific or related to chemical
	dependency counseling;
	(B) 4,000 hours of approved supervised
	experience working with chemically dependent persons; and
	(C) 300 hours of approved supervised field work
	practicum;
	(4) provide two letters of reference from chemical
	dependency counselors;
	(5) pass a written examination approved by the
	executive council [~~department~~];
	(6) submit a case presentation to the test
	administrator;
	(7) be determined by the executive council
	[~~department~~] to be worthy of the public trust and confidence;
	(8) successfully complete the chemical dependency
	counselor examination under Section 504.156;
	(9) sign a written agreement to comply with the
	standards of ethics approved by the executive council [~~department~~];
	and
	(10) provide to the executive council [~~department~~]
	written assurance that the applicant has access to a peer
	assistance program.
	(b) The executive council [~~department~~] may waive the
	requirement under Subsection (a)(10) if the executive council
	[~~department~~] determines that a peer assistance program is not
	reasonably available to the license holder.
	SECTION 2.113. Section 504.1521(b), Occupations Code, is
	amended to read as follows:
	(b) The executive council [~~commissioner~~] shall adopt rules
	necessary to:
	(1) register clinical training institutions that meet
	the criteria established by the executive council [~~commissioner~~] to
	protect the safety and welfare of the people of this state; and
	(2) certify clinical supervisors who hold
	certification credentials approved by the executive council
	[~~department~~] or by a person designated by the executive council
	[~~department~~], such as the International Certification and
	Reciprocity Consortium or another person that meets the criteria
	established by the executive council [~~commissioner~~] to protect the
	safety and welfare of the people of this state.
	SECTION 2.114. Sections 504.1525(a) and (b), Occupations
	Code, are amended to read as follows:
	(a) Except as provided by Subsection (b), the executive
	council [~~department~~] may not issue a license, registration, or
	certification under this chapter to an applicant who has been:
	(1) convicted or placed on community supervision
	during the three years preceding the date of application in any
	jurisdiction for an offense equal to a Class B misdemeanor
	specified by executive council [~~department~~] rule;
	(2) convicted or placed on community supervision in
	any jurisdiction for an offense equal to or greater than a Class A
	misdemeanor specified by executive council [~~department~~] rule; or
	(3) found to be incapacitated by a court on the basis
	of a mental defect or disease.
	(b) The executive council [~~department~~] may issue a license,
	registration, or certification to a person convicted or placed on
	community supervision in any jurisdiction for a drug or alcohol
	offense described by Subsection (a)(1) or (2) if the executive
	council [~~department~~] determines that the applicant has
	successfully completed participation in an approved peer
	assistance program.
	SECTION 2.115. Section 504.153, Occupations Code, is
	amended to read as follows:
	Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF
	LICENSE REQUIREMENT SATISFACTION. (a) An applicant is exempt from
	the requirements of Sections 504.152(a)(3)(A) [~~504.152(3)(A)~~] and
	(C) if the applicant holds a baccalaureate degree or a more advanced
	degree in:
	(1) chemical dependency counseling; or
	(2) psychology, sociology, or any other related
	program approved by the executive council [~~department~~].
	(b) On presentation of documentation by an applicant who
	holds a degree described by Subsection (a), the executive council
	[~~department~~] may waive any portion of the requirement established
	by Section 504.152(a)(3)(B) [~~504.152(3)(B)~~] that the executive
	council [~~department~~] determines has been satisfied as evidenced by
	the documentation.
	SECTION 2.116. Section 504.155, Occupations Code, is
	amended to read as follows:
	Sec. 504.155. LICENSE APPLICATION. (a) An application for
	a license under this chapter must:
	(1) be on a form prescribed and furnished by the
	executive council [~~department~~]; and
	(2) contain a statement made under oath of the
	applicant's education, experience, and other qualifications
	established by the executive council [~~department~~] as required for a
	license under this chapter.
	(b) The executive council [~~department~~] may require
	additional information regarding the quality, scope, and nature of
	the experience and competence of the applicant if the executive
	council [~~department~~] determines that a person's application lacks
	sufficient information for consideration by the executive council
	[~~department~~].
	(c) The executive council [~~department~~] may obtain criminal
	history record information relating to an applicant for a license
	under this chapter from the Department of Public Safety and the
	Federal Bureau of Investigation. The executive council
	[~~department~~] may deny an application for a license if the applicant
	fails to provide two complete sets of fingerprints on a form
	prescribed by the executive council [~~department~~].
	(d) The issuance of a license by the executive council
	[~~department~~] is conditioned on the receipt by the executive council
	[~~department~~] of the applicant's criminal history record
	information.
	SECTION 2.117. Section 504.156(a), Occupations Code, is
	amended to read as follows:
	(a) At least twice each year, the executive council
	[~~department~~] may prepare and administer or contract with an
	organization approved by the International Certification and
	Reciprocity Consortium to prepare and administer an examination to
	determine the qualifications of an applicant for a license under
	this chapter. The examination shall be conducted as determined by
	the executive council [~~department~~] and in a manner that is fair and
	impartial to and takes into consideration each school or system of
	chemical dependency counseling.
	SECTION 2.118. Section 504.158, Occupations Code, is
	amended to read as follows:
	Sec. 504.158. PROVISIONAL LICENSE. (a) The executive
	council [~~department~~] may issue a provisional license to an
	applicant who is licensed in another state. An applicant for a
	provisional license under this section must:
	(1) be licensed in good standing as a chemical
	dependency counselor at least two years in another state or country
	that has licensing requirements substantially equivalent to the
	requirements of this chapter;
	(2) have passed a national or other examination
	recognized by the executive council [~~department~~] relating to the
	practice of chemical dependency counseling; and
	(3) be sponsored by a person licensed [~~by the~~
	~~department~~] under this chapter with whom the provisional license
	holder may practice.
	(b) The executive council [~~department~~] may waive the
	requirement of Subsection (a)(3) if the executive council
	[~~department~~] determines that compliance with that subsection would
	constitute a hardship to the applicant.
	(c) [~~The executive commissioner by rule may establish a fee~~
	~~for a provisional license.~~
	[~~(d)~~] A provisional license is valid until the date the
	executive council [~~department~~] approves or denies the provisional
	license holder's application for a license under Section 504.159.
	SECTION 2.119. Section 504.159, Occupations Code, is
	amended to read as follows:
	Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE
	HOLDER. (a) The executive council [~~department~~] shall issue a
	license under this chapter to a provisional license holder who
	satisfies the eligibility requirements established by Section
	504.152. When issuing a license under this subsection, the
	executive council [~~department~~] may waive the requirements
	established by Sections 504.152(a)(6) [~~504.152(6), (7),~~] and (8)
	[~~(9)~~].
	(b) The executive council [~~department~~] 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. The executive council [~~department~~] may extend
	the 180-day period if the executive council [~~department~~] has not
	received information necessary to determine whether the applicant
	is eligible for a license as provided by Subsection (a).
	SECTION 2.120. Section 504.160, Occupations Code, is
	amended to read as follows:
	Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
	APPLICANTS. (a) The executive council [~~department~~] may, on
	application and payment of the appropriate fee, issue a license to a
	person who is licensed or certified by another state as a chemical
	dependency counselor if the executive council [~~department~~]
	determines that the license or certificate requirements of that
	state are substantially equivalent to the requirements of this
	chapter.
	(b) The executive council [~~department~~] may waive any
	license requirement for an applicant with a license or certificate
	issued by another state with which this state has a reciprocity
	agreement.
	SECTION 2.121. Section 504.201(a), Occupations Code, is
	amended to read as follows:
	(a) A license issued under this chapter expires on the
	second anniversary of the date of issuance. The executive council
	[~~commissioner~~] by rule shall adopt a system under which licenses
	expire on various dates during the year.
	SECTION 2.122. Section 504.202, Occupations Code, is
	amended to read as follows:
	Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS
	TO RENEW. Not later than the 31st day before the expiration date of
	a person's license, the executive council [~~department~~] shall send
	to the license holder at the license holder's last known address
	according to the executive council's [~~department~~] records written
	notice of:
	(1) the impending license expiration;
	(2) the amount of the renewal fee; and
	(3) any continuing education required to renew the
	license.
	SECTION 2.123. Section 504.2025, Occupations Code, is
	amended to read as follows:
	Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW
	LICENSE, REGISTRATION, OR CERTIFICATION. (a) Except as provided
	by Subsection (b), the executive council [~~department~~] shall refuse
	to renew a license, registration, or certification under this
	chapter on receipt of information from the Department of Public
	Safety or another law enforcement agency that the person has been
	convicted, placed on community supervision, or found to be
	incapacitated as described by Section 504.1525.
	(b) The executive council [~~department~~] may renew a license
	under this chapter if the executive council [~~department~~] determines
	that the person has successfully completed participation in an
	approved peer assistance program subsequent to the conviction or
	placement on community supervision for an offense described by
	Section 504.1525(b).
	SECTION 2.124. Section 504.2026, Occupations Code, is
	amended to read as follows:
	Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER
	ASSISTANCE PROGRAM. (a) Except as provided by Subsection (b), the
	executive council [~~department~~] may not renew a license under this
	chapter unless the license holder provides to the executive council
	[~~department~~] written documentation that the license holder has
	access to an approved peer assistance program.
	(b) The executive council [~~department~~] may waive the
	requirement of Subsection (a) if the executive council [~~department~~]
	determines that a peer assistance program is not reasonably
	available to the license holder.
	SECTION 2.125. Section 504.205(d), Occupations Code, is
	amended to read as follows:
	(d) Except for the number of hours required, the executive
	council [~~commissioner~~] may not adopt a rule [~~under Subsection (a)~~]
	that distinguishes between the continuing education requirements
	for a license holder subject to Subsection (b) and a license holder
	subject to Subsection (c).
	SECTION 2.126. Sections 504.206(b) and (d), Occupations
	Code, are amended to read as follows:
	(b) The executive council [~~department~~] shall recognize,
	prepare, or administer a training component that satisfies the
	requirement of Subsection (a) for use in continuing education for
	chemical dependency counselors.
	(d) In developing the training component, the executive
	council [~~department~~] may, to the extent appropriate, consider the
	training course relating to hepatitis C developed by the Department
	of State Health Services [~~department~~] under Section 94.002, Health
	and Safety Code.
	SECTION 2.127. The heading to Subchapter F, Chapter 504,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER F. DISCIPLINARY ACTIONS [~~PROCEEDINGS~~]
	SECTION 2.128. Section 504.251, Occupations Code, is
	amended to read as follows:
	Sec. 504.251. GROUNDS FOR [~~LICENSE, REGISTRATION, OR~~
	~~CERTIFICATION DENIAL OR~~] DISCIPLINARY ACTION. The executive
	council [~~department~~] shall take disciplinary action under
	Subchapter G, Chapter 506, against an [~~refuse to issue a license,~~
	~~registration, or certification issued by the department to an~~
	~~applicant, refuse to renew a license, registration, or~~
	~~certification holder's license, registration, or certification~~
	~~issued by the department, or take disciplinary action against the~~
	~~holder of a license, registration, or certification issued by the~~
	~~department if the~~] applicant or license, registration, or
	certification holder who:
	(1) violates or assists another to violate this
	chapter or a rule adopted under this chapter;
	(2) circumvents or attempts to circumvent this chapter
	or a rule adopted under this chapter;
	(3) directly or indirectly participates in a plan to
	evade this chapter or a rule adopted under this chapter;
	(4) has a license to practice chemical dependency
	counseling in another jurisdiction refused, suspended, or revoked
	for a reason that the executive council [~~department~~] determines
	would constitute a violation of this chapter or a rule adopted under
	this chapter;
	(5) engages in false, misleading, or deceptive conduct
	as defined by Section 17.46, Business & Commerce Code;
	(6) engages in conduct that discredits or tends to
	discredit the profession of chemical dependency counseling;
	(7) directly or indirectly reveals a confidential
	communication made to the person by a client or recipient of
	services, except as required by law;
	(8) refuses to perform an act or service the person is
	licensed, registered, or certified to perform under this chapter on
	the basis of the client's or recipient's age, sex, race, religion,
	national origin, color, or political affiliation; or
	(9) commits an act for which liability exists under
	Chapter 81, Civil Practice and Remedies Code.
	SECTION 2.129. Section 504.2525(a), Occupations Code, is
	amended to read as follows:
	(a) The executive council [~~department~~] shall suspend a
	[~~the~~] license, registration, or certification issued under this
	chapter [~~by the department of a license, registration, or~~
	~~certification holder~~] if the executive council [~~department~~]
	receives written notice from the Department of Public Safety or
	another law enforcement agency that the license, registration, or
	certification holder has been charged, indicted, placed on deferred
	adjudication, community supervision, or probation, or convicted of
	an offense described by Section 504.1525.
	SECTION 2.130. Sections 504.255(a) and (c), Occupations
	Code, are amended to read as follows:
	(a) A person whose license, registration, or certification
	application is denied under Section 504.1525, whose license,
	registration, or certification renewal is refused under Section
	504.2025, or whose license, registration, or certification is
	suspended under Section 504.2525 may appeal the denial, refusal to
	renew, or suspension on the grounds that:
	(1) the sole basis for the executive council's
	[~~department's~~] determination is a conviction or placement on
	community supervision for an offense described by Section 504.1525;
	and
	(2) sufficient time, as determined by executive
	council [~~department~~] rule, has expired since the date of the
	conviction or placement.
	(c) After a hearing under this section, the executive
	council [~~department~~] may determine that the person is entitled to a
	license, registration, or certification under this chapter.
	SECTION 2.131. 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 2.132. 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 2.133. The heading to Section 505.103, Occupations
	Code, is amended to read as follows:
	Sec. 505.103. MEMBERSHIP [~~AND EMPLOYEE~~] RESTRICTIONS.
	SECTION 2.134. 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 2.135. 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 2.136. 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 2.137. 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 2.138. Section 505.205, Occupations Code, is
	amended to read as follows:
	Sec. 505.205. ROSTER OF LICENSE HOLDERS. (a) The executive
	council [~~board~~] shall prepare and publish at its discretion a
	roster that contains the name and address of each person licensed
	under this chapter.
	(b) The executive council [~~board~~] shall mail a copy of the
	roster to each license holder.
	(c) The executive council [~~board~~] may not include in the
	roster the name and address of a person who is delinquent in the
	payment of a fee required under this chapter on the date the roster
	is sent for printing.
	SECTION 2.139. 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 2.140. 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 2.141. 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 2.142. 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 2.143. 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 2.144. 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 2.145. 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 2.146. 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 2.147. 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 2.148. 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 2.149. 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 2.150. 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 2.151. 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 2.152. 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 2.153. 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 2.154. 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 2.155. 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 2.156. 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 506, [K] unless enforcement of the penalty is stayed or a
	court has ordered that the administrative penalty is not owed.
	SECTION 2.157. 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 2.158. 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 506, 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 2.159. 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 2.160. 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 2.161. 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 2.162. 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 2.163. The following provisions of the Government
	Code are repealed:
	(1) Section 411.1105; and
	(2) Section 411.1388.
	SECTION 2.164. The following provisions of the Occupations
	Code are repealed:
	(1) Section 110.001(3-a);
	(2) Subchapter C, Chapter 110;
	(3) Section 110.157;
	(4) Section 110.159;
	(5) Subchapter F, Chapter 110;
	(6) Section 110.307;
	(7) Section 110.308;
	(8) Section 110.352;
	(9) Section 110.353;
	(10) Section 110.354;
	(11) Subchapter J, Chapter 110;
	(12) Section 501.002(3);
	(13) Section 501.005;
	(14) Subchapter C, Chapter 501;
	(15) Sections 501.151(a) and (b);
	(16) Section 501.152;
	(17) Section 501.156;
	(18) Section 501.157;
	(19) Section 501.160;
	(20) Section 501.161;
	(21) Section 501.162;
	(22) Subchapter E, Chapter 501;
	(23) Sections 501.252(b), (c), and (d);
	(24) Section 501.254;
	(25) Sections 501.256(e), (f), and (g);
	(26) Section 501.2561;
	(27) Section 501.257;
	(28) Section 501.258;
	(29) Section 501.261(b);
	(30) Section 501.302;
	(31) Section 501.303;
	(32) Section 501.304;
	(33) Section 501.402;
	(34) Section 501.403;
	(35) Section 501.404;
	(36) Section 501.405;
	(37) Section 501.406;
	(38) Section 501.409;
	(39) Section 501.410;
	(40) Subchapter J, Chapter 501;
	(41) Section 501.501;
	(42) Section 501.502;
	(43) Section 501.504;
	(44) Section 502.002(3);
	(45) Section 502.003;
	(46) Subchapter C, Chapter 502;
	(47) Section 502.152;
	(48) Section 502.153;
	(49) Section 502.154;
	(50) Section 502.156;
	(51) Section 502.1565;
	(52) Section 502.158;
	(53) Section 502.161;
	(54) Section 502.162;
	(55) Section 502.163;
	(56) Subchapter E, Chapter 502;
	(57) Section 502.255;
	(58) Section 502.256;
	(59) Sections 502.301(b), (c), (d), and (e);
	(60) Section 502.302;
	(61) Section 502.303;
	(62) Section 502.352;
	(63) Section 502.353;
	(64) Section 502.354;
	(65) Section 502.355;
	(66) Section 502.356;
	(67) Subchapter I, Chapter 502;
	(68) Section 502.451;
	(69) Section 502.452;
	(70) Section 502.453;
	(71) Section 502.455;
	(72) Section 503.005;
	(73) Subchapter D, Chapter 503;
	(74) Section 503.202;
	(75) Section 503.203;
	(76) Section 503.204;
	(77) Section 503.2045;
	(78) Section 503.205;
	(79) Section 503.209;
	(80) Section 503.210;
	(81) Section 503.211;
	(82) Subchapter F, Chapter 503;
	(83) Section 503.306;
	(84) Section 503.307;
	(85) Section 503.354;
	(86) Section 503.355;
	(87) Section 503.356;
	(88) Sections 503.401(b), (c), and (d);
	(89) Section 503.402;
	(90) Section 503.403;
	(91) Section 503.404;
	(92) Section 503.405;
	(93) Section 503.406;
	(94) Section 503.451;
	(95) Section 503.454;
	(96) Subchapter K, Chapter 503;
	(97) Sections 504.001(5) and (7);
	(98) Section 504.0515;
	(99) Section 504.053;
	(100) Section 504.054;
	(101) Section 504.056;
	(102) Subchapter C, Chapter 504;
	(103) Section 504.157;
	(104) Section 504.161;
	(105) Section 504.203;
	(106) Section 504.204;
	(107) Section 504.205(a);
	(108) Section 504.252;
	(109) Sections 504.2525(b) and (c);
	(110) Section 504.253;
	(111) Section 504.254;
	(112) Subchapter G, Chapter 504;
	(113) Subchapter H, Chapter 504;
	(114) Section 505.005;
	(115) Section 505.110;
	(116) Subchapter C, Chapter 505;
	(117) Section 505.202;
	(118) Section 505.203;
	(119) Section 505.204;
	(120) Section 505.209;
	(121) Section 505.210;
	(122) Section 505.211;
	(123) Subchapter E, Chapter 505;
	(124) Section 505.355;
	(125) Section 505.356;
	(126) Section 505.402;
	(127) Section 505.403;
	(128) Section 505.404;
	(129) Section 505.452;
	(130) Section 505.453;
	(131) Section 505.454(b);
	(132) Section 505.455;
	(133) Section 505.456;
	(134) Section 505.457;
	(135) Section 505.501;
	(136) Section 505.503;
	(137) Section 505.504;
	(138) Section 505.508; and
	(139) Subchapter K, Chapter 505.
	ARTICLE 3. CONFORMING AMENDMENTS
	SECTION 3.001. Article 42A.111(d), Code of Criminal
	Procedure, is amended to read as follows:
	(d) For any defendant who receives a dismissal and discharge
	under this article:
	(1) on conviction of a subsequent offense, the fact
	that the defendant previously has received deferred adjudication
	community supervision is admissible before the court or jury for
	consideration on the issue of penalty;
	(2) if the defendant is an applicant for or the holder
	of a license under Chapter 42, Human Resources Code, the Department
	of Family and Protective Services may consider the fact that the
	defendant previously has received deferred adjudication community
	supervision in issuing, renewing, denying, or revoking a license
	under that chapter; and
	(3) if the defendant is an applicant for or the holder
	of a license to provide mental health or medical services for the
	rehabilitation of sex offenders, the Texas Behavioral Health
	Executive Council [~~on Sex Offender Treatment~~] may consider the fact
	that the defendant previously has received deferred adjudication
	community supervision in issuing, renewing, denying, or revoking a
	license issued by the executive [~~that~~] council.
	SECTION 3.002. Article 60.061(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a) The Texas [~~State Board of~~] Medical Board [~~Examiners~~],
	the Texas 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 including the name, date of birth, and any
	other personal descriptive information required by the department
	for each person licensed by the respective agency. Each agency
	shall update this information and submit to the Department of
	Public Safety the updated information quarterly.
	SECTION 3.003. Article 62.007(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a) The Texas Department of Criminal Justice shall
	establish a risk assessment review committee composed of at least
	seven members, each of whom serves on the review committee in
	addition to the member's other employment-related duties. The
	review committee, to the extent feasible, must include at least:
	(1) one member having experience in law enforcement;
	(2) one member having experience working with juvenile
	sex offenders;
	(3) one member having experience as a sex offender
	treatment provider;
	(4) one member having experience working with victims
	of sex offenses;
	(5) one member [~~the executive director~~] of the Council
	on Sex Offender Treatment; and
	(6) one sex offender treatment provider registered
	under Chapter 110, Occupations Code, and selected by [~~the executive~~
	~~director of~~] the Council on Sex Offender Treatment to serve on the
	review committee.
	SECTION 3.004. Article 62.352(b), Code of Criminal
	Procedure, is amended to read as follows:
	(b) After a hearing under Article 62.351 or under a plea
	agreement described by Article 62.355(b), the juvenile court may
	enter an order:
	(1) deferring decision on requiring registration
	under this chapter until the respondent has completed treatment for
	the respondent's sexual offense as a condition of probation or
	while committed to the Texas Juvenile Justice Department; or
	(2) requiring the respondent to register as a sex
	offender but providing that the registration information is not
	public information and is restricted to use by law enforcement and
	criminal justice agencies, the Council on Sex Offender Treatment,
	the Texas Behavioral Health Executive Council, and public or
	private institutions of higher education.
	SECTION 3.005. Section 411.110(a), Government Code, is
	amended to read as follows:
	(a) The Department of State Health Services is entitled to
	obtain from the department criminal history record information
	maintained by the department that relates to:
	(1) a person who is:
	(A) an applicant for a license or certificate
	under the Emergency Health Care Act (Chapter 773, Health and Safety
	Code);
	(B) an owner or manager of an applicant for an
	emergency medical services provider license under that Act; or
	(C) the holder of a license or certificate under
	that Act;
	(2) an applicant for a license or a license holder
	under Subchapter N, Chapter 431, Health and Safety Code;
	(3) an applicant for a license, the owner or manager of
	an applicant for a massage establishment license, or a license
	holder under Chapter 455, Occupations Code;
	(4) an applicant for employment at or current employee
	of:
	(A) a public health hospital as defined by
	Section 13.033, Health and Safety Code; or
	(B) the South Texas Health Care System;
	(5) an applicant for employment at, current employee
	of, or person who contracts or may contract to provide goods or
	services with a [~~the Council on Sex Offender Treatment or other~~]
	division or component of the Department of State Health Services
	that monitors sexually violent predators as described by Section
	841.003(a), Health and Safety Code; or
	(6) a person authorized to access vital records or the
	vital records electronic registration system under Chapter 191,
	Health and Safety Code, including an employee of or contractor for
	the Department of State Health Services, a local registrar, a
	medical professional, or a funeral director.
	SECTION 3.006. 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) Department of State Health Services, except as
	provided by Section 411.110, and agencies attached to the
	department [~~, including:~~
	[~~(A)~~ ~~Texas State Board of Examiners of~~
	~~Dietitians;~~
	[~~(B)~~ ~~Texas State Board of Examiners of Marriage~~
	~~and Family Therapists;~~
	[~~(C) Midwifery Board;~~
	[~~(D)~~ ~~Texas State Perfusionist Advisory~~
	~~Committee;~~
	[~~(E)~~ ~~Texas State Board of Examiners of~~
	~~Professional Counselors;~~
	[~~(F)~~ ~~Texas State Board of Social Worker~~
	~~Examiners;~~
	[~~(G)~~ ~~State Board of Examiners for~~
	~~Speech-Language Pathology and Audiology;~~
	[~~(H) Advisory Board of Athletic Trainers;~~
	[~~(I)~~ ~~State Committee of Examiners in the Fitting~~
	~~and Dispensing of Hearing Instruments;~~
	[~~(J)~~ ~~Texas Board of Licensure for Professional~~
	~~Medical Physicists; and~~
	[~~(K) Texas Board of Orthotics and Prosthetics~~];
	(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~~];
	(19) Texas Real Estate Commission;
	(20) Texas Department of Transportation;
	(21) State Board of Veterinary Medical Examiners;
	(22) Texas Department of Housing and Community
	Affairs;
	(23) secretary of state;
	(24) state fire marshal;
	(25) Texas Education Agency;
	(26) Department of Agriculture; and
	(27) Texas Department of Motor Vehicles.
	SECTION 3.007. 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 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 3.008. 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~~];
	(15) State Board of Veterinary Medical Examiners;
	(16) Texas Real Estate Commission;
	(17) Texas Appraiser Licensing and Certification
	Board;
	(18) Texas Department of Licensing and Regulation;
	(19) Texas State Board of Public Accountancy;
	(20) State Board for Educator Certification;
	(21) Texas Board of Professional Engineers;
	(22) Department of State Health Services;
	(23) Texas Board of Architectural Examiners;
	(24) Texas Racing Commission;
	(25) Texas Commission on Law Enforcement; and
	(26) Texas Private Security Board.
	SECTION 3.009. Section 841.022(a), Health and Safety Code,
	is amended to read as follows:
	(a) The executive director of the Texas Department of
	Criminal Justice shall establish a multidisciplinary team to review
	available records of a person referred to the team under Section
	841.021. The team must include:
	(1) a mental health professional from the Department
	of State Health Services;
	(2) two persons from the Texas Department of Criminal
	Justice as follows:
	(A) one person from the victim services division;
	and
	(B) one person from the sex offender
	rehabilitation program in the rehabilitation programs division;
	(3) a licensed peace officer who is employed by the
	Department of Public Safety and who has at least five years'
	experience working for that department or the officer's designee;
	(4) two persons from the office; and
	(5) a [~~licensed~~] sex offender treatment provider
	licensed under Chapter 110, Occupations Code [~~from the Council on~~
	~~Sex Offender Treatment~~].
	SECTION 3.010. 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 3.011. Sections 1451.001(4), (9), (10), (11), (18),
	and (19), Insurance Code, are amended to read as follows:
	(4) "Chemical dependency counselor" means an
	individual licensed under Chapter 504, Occupations Code [~~by the~~
	~~Texas Commission on Alcohol and Drug Abuse~~].
	(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 3.012. 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 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; and
	(13) [~~the health licensing division of the Department~~
	~~of State Health Services; and~~
	[~~(14)~~] the governor's office.
	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 the following
	entities that regulate a profession being transferred to the
	executive council under this Act:
	(A) the Council on Sex Offender Treatment;
	(B) the Texas State Board of Examiners of
	Psychologists;
	(C) the Texas State Board of Examiners of
	Marriage and Family Therapists;
	(D) the Texas State Board of Examiners of
	Professional Counselors;
	(E) the Department of State Health Services; and
	(F) the Texas State Board of Social Worker
	Examiners.
	SECTION 4.002. (a) Except as provided by Subsection (b) of
	this section, Sections 110.059, 501.059, 502.059, 503.110, and
	505.109, Occupations Code, as amended by this Act, apply to a member
	of the applicable council or board appointed before, on, or after
	the effective date of this Act.
	(b) A member of a council or board who, before the effective
	date of this Act, completed the training program required by
	Section 110.059, 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 110.059, 501.059, 502.059, 503.110, or
	505.109, Occupations Code, as applicable. A council or board
	member described by this subsection may not vote, deliberate, or be
	counted as a member in attendance at a meeting of the council or
	board held on or after December 1, 2017, 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) Section 502.252, Occupations Code, as amended by this
	Act, applies only to an application for a license under Chapter 502,
	Occupations Code, submitted on or after the date on which rules
	adopted by the Texas Behavioral Health Executive Council under that
	section take effect. An application submitted before that date is
	governed by the law in effect immediately before the effective date
	of this Act, and the former law is continued in effect for that
	purpose.
	SECTION 4.004. (a) Not later than December 1, 2017, the
	appropriate appointing authorities shall appoint the members of the
	executive council as provided by Section 506.051, Occupations Code,
	as added by this Act.
	(b) Notwithstanding the terms established by Section
	506.054, Occupations Code, as added by this Act, in making the
	initial appointments to the executive council, the Texas State
	Board of Examiners of Psychologists, the Texas State Board of
	Examiners of Marriage and Family Therapists, the Texas State Board
	of Examiners of Professional Counselors, and the Texas State Board
	of Social Worker Examiners shall each appoint one member to a term
	expiring February 1, 2019, and one member to a term expiring
	February 1, 2020.
	SECTION 4.005. (a) The Texas Behavioral Health Incubation
	Task Force is established to assist in the establishment of and
	transfer of regulatory programs to the executive council under this
	Act by providing guidance to:
	(1) the executive council regarding:
	(A) hiring the executive director of the
	executive council;
	(B) developing functional alignments within the
	organizational structure of the executive council;
	(C) establishing any necessary accounts and
	reporting requirements; and
	(D) seeking input from interested parties
	throughout the transfer; and
	(2) the transferring entities and the executive
	council regarding:
	(A) the efficient transfer of necessary data; and
	(B) the revision of existing rules to align with
	the administrative structure of the executive council.
	(b) The task force is composed of:
	(1) the commissioner of state health services, or the
	commissioner's designee;
	(2) the executive director of the Texas Department of
	Licensing and Regulation, or the director's designee; and
	(3) the executive director of the Texas State Board of
	Examiners of Psychologists.
	(c) The entities represented on the task force may adopt a
	memorandum of understanding to accomplish the responsibilities and
	duties of the task force and to ensure access by the entities of any
	systems and information necessary to effectively transfer the
	regulatory programs to the executive council under this Act.
	SECTION 4.006. (a) Not later than April 1, 2018, the
	executive council shall hire an executive director for the
	executive council.
	(b) Not later than July 31, 2018, the executive council
	shall adopt procedural rules necessary to implement Chapter 506,
	Occupations Code, as added by this Act.
	SECTION 4.007. (a) As soon as practicable after the
	appointment of the members of the executive council, the executive
	council and the transferring entities shall adopt a transition plan
	to provide for the orderly transfer of powers, duties, functions,
	programs, and activities under this Act. The transition plan must
	provide for the transfer of each regulatory program to be
	completed on or before August 31, 2018.
	(b) The transferring entities shall provide the executive
	council with access to any systems or information necessary for the
	executive council to accept a program transferred under this Act.
	(c) On the date specified in the transition plan required
	under Subsection (a) of this section for the transfer of a
	particular program to the executive council, all full-time
	equivalent employee positions at a transferring entity that
	primarily concern the administration or enforcement of the program
	being transferred become positions at the executive council. The
	executive council shall post the positions for hiring and, when
	filling the positions, shall give consideration to, but is not
	required to hire, an applicant who, immediately before the date of
	the transfer, was an employee at a transferring entity primarily
	involved in administering or enforcing the transferred program.
	SECTION 4.008. On the date specified in the transition plan
	required under Section 4.007(a) of this Act for the transfer of a
	particular program to the executive council:
	(1) a rule or fee relating to a transferred program
	that is in effect on that date remains in effect until changed by
	the executive council;
	(2) a license, registration, certification, or other
	authorization relating to a transferred program that is in effect
	on that date is continued in effect as a license, registration, or
	certification, or other authorization of the executive council; and
	(3) a complaint, investigation, contested case, or
	other proceeding relating to a transferred program that is pending
	before a transferring entity on that date is transferred without
	change in status to the executive council.
	SECTION 4.009. To the extent of any conflict, this Act
	prevails over another Act of the 85th Legislature, Regular Session,
	2017, relating to nonsubstantive additions to and corrections in
	enacted codes.
	SECTION 4.010. This Act takes effect September 1, 2017.

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Bill Text: TX SB114 | 2017 | 85th Legislature 1st Special Session | Introduced

Texas Senate Bill 114 (Prior Session Legislation)

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