HB4721 - Relating to the licensing of marriage and family therapists, marriage and family therapist associates, professional counselors, professional counselor associates, and social workers, including certain out-of-state applicants.

  89R795 JCG-D     By: Romero H.B. No. 4721       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of marriage and family therapists,   marriage and family therapist associates, professional counselors,   professional counselor associates, and social workers, including   certain out-of-state applicants.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 502.151 and 502.1515, Occupations Code,   are amended to read as follows:          Sec. 502.151.  GENERAL POWERS AND DUTIES OF EXECUTIVE   COUNCIL. Except as otherwise provided by this chapter, the [ The ]   executive council 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.          Sec. 502.1515.  BOARD DUTIES. Except as otherwise provided   by this chapter, the [ 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.  Section 502.252, Occupations Code, is amended by   amending Subsections (b) and (c) and adding Subsections (d) and (e)   to read as follows:          (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;                (3)  pass the license examination and jurisprudence   examination 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 board [ executive council ] 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;                (5)  have not been convicted of a felony or a crime   involving moral turpitude;                (6)  not use drugs or alcohol to an extent that affects   the applicant's professional competency;                (7)  not have had a license or certification revoked by   a licensing agency or by a certifying professional organization;   and                (8)  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 at least 1,500 hours of direct   clinical services, including a minimum number of hours providing   direct clinical services to couples or families as required by   board [ executive council ] rule; and                (3)  has completed, in a manner acceptable to the board   [ executive council ], 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.           (d)     Subsections (c)(2) and (c)(3) do not apply to an   applicant who:                 (1)     is licensed in good standing in another state to   independently practice as a licensed marriage and family therapist;   and                 (2)     has independently practiced as a licensed marriage   and family therapist in that state before the date the application   is submitted.           (e)     An applicant for a license as a licensed marriage and   family therapist who practiced as a licensed marriage and family   therapist associate in another state may count that out-of-state   experience toward the requirements under Subsections (c)(2) and   (c)(3) if:                 (1)     the applicant is licensed in good standing as a   marriage and family therapist associate in that state; and                 (2)     based on a review of that experience by a licensed   supervisor in this state, the board determines that the experience   is acceptable.          SECTION 3.  Sections 502.2545(a) and (b), Occupations Code,   are amended to read as follows:          (a)  The board [ executive council ] 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 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 determines that the applicant   possesses sufficient education and professional experience to   receive a license without satisfying the examination requirements   of this chapter ; or                 (3)  meets the criteria provided by Section 502.252(d) .          (b)  The executive council may , subject to approval by the   board, 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 4.  Section 502.259(b), Occupations Code, is amended   to read as follows:          (b)  An applicant for a provisional license must:                (1)  be licensed in good standing as a marriage and   family therapist or a marriage and family therapist associate 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 board [ executive   council ]; and                      (B)  relates to marriage and family therapy; and                (3)  be sponsored by a person licensed by the executive   council with whom the provisional license holder may practice under   this section.          SECTION 5.  Section 503.201(a), Occupations Code, is amended   to read as follows:          (a)   Except as otherwise provided by this chapter, the [ The ]   executive council 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.          SECTION 6.  Section 503.2015, Occupations Code, is amended   to read as follows:          Sec. 503.2015.  BOARD DUTIES. Except as otherwise provided   by this chapter, the [ 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 7.  Section 503.302, Occupations Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (a-2) to   read as follows:          (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 the board [ executive   council rule ], which may not be less than 48 hours and must include   at least 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 board [ executive   council ];                (4)  has completed the number of supervised experience   hours required by executive council rule, which m [Text truncated for display. Full text available on Congress.gov.]