Texas State Hypnosis Legislation

The Texas psychology practice act, on the other hand, declares that hypnosis "for health care purposes" and hypnotherapy are both within the scope of practice for [215]

This Act may be known and cited as the "Psychologists' Licensing Act."

Sec. 2. (a) In this Act, unless the context otherwise requires:

(1) "Board" means the Texas State Board of Examiners of Psychologists.

(2) "License" means a credential issued by the Board to a person who has satisfied the requirements under this Act to engage in the practice of psychology.

(3) "Licensed specialist in school psychology" means a person licensed under Section 26 of this Act.

(4) "Provisional license" means a credential issued by the Board to a person who has satisfied the preliminary requirements under this Act that permits the person to practice psychology under the supervision of a licensed psychologist in order to meet the requirements under this Act for licensure as a psychologist.

(5) "Psychologist" means a person who holds a license issued under this Act based on an earned doctoral degree conferred by an institution of higher education and two years of supervised practice.

(6) "Psychological associate" means a person who holds a license issued under Section 19 of this Act.

(b) A person represents the person as an individual engaged in the practice of psychology within the meaning of this Act when the person:

(1) holds the person out to the public by any title or description of services incorporating the words "psychological," "psychologist," or "psychology"; or

(2) renders or offers to render psychological services to individuals, groups, organizations, or the public.

(c) The term "psychological services," means acts or behaviors coming within the purview of the practice of psychology. The practice of psychology is an offering to the public or rendering to individuals or groups any service, including computerized procedures, that involves but is not restricted to the application of established principles, methods, and procedures of describing, explaining, and ameliorating behavior. The practice of psychology addresses normal behavior and the evaluation, prevention, and remediation of psychological, emotional, mental, interpersonal, learning, and behavioral disorders of individuals and groups, as well as the psychological concomitants of medical problems, organizational structures, stress, and health. The practice of psychology includes the use of projective techniques, neuropsychological testing, counseling, career counseling, psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback and the evaluation and treatment by psychological techniques and procedures of mental or emotional disorders and disabilities. The practice of psychology is based on a systematic body of knowledge and principles acquired in an organized program of graduate study and on the standards of ethics established by the profession.

Practice of Medicine Not Authorized Sec. 3. Nothing in this Act shall be construed as permitting the practice of medicine as defined by the laws of this state.

State Board of Examiners; Members; Appointment and Terms; Oath

Sec. 4. (a) The Texas State Board of Examiners of Psychologists shall consist of nine qualified persons appointed by the governor with the advice and consent of the senate, for regular terms of six years.

(b) Before entering upon the duties of his office, each member of the Board shall take the constitutional oath of office and file it with the secretary of state.

(c) Appointments to the Board shall be made without regard to race, color, disability, sex, religion, age, or national origin.

Sunset Provision

Sec. 4a. The Texas State Board of Examiners of Psychologists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the Board is abolished and this Act expires September 1, 2005.

Qualifications of Board Members; Terms; Vacancies

Sec. 5. (a) Each member of the Board shall be a citizen of the United States and a resident of this state.

(b) Four members must be persons licensed or certified as psychologists under this Act, who have engaged in independent practice, teaching, or research in psychology for a period of at least five years. To assure adequate representation of the diverse fields of psychology, the governor shall so make his appointments that at least two of these members are engaged in rendering services in psychology, at least one of these members is engaged in research in psychology, and at least one of these members is a member of the faculty of a training institution in psychology.

(d) Three members must be representatives of the general public. A person is not eligible for appointment as a public member of the Board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in the field of health services;

(2) is employed by or participates in the management of a business entity or other organization regulated by the Board or receiving funds from the Board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the Board or receiving funds from the Board; or

(4) uses or receives a substantial amount of tangible goods, services, or funds from the Board, other than compensation or reimbursement authorized by law for Board membership, attendance, or expenses.

(e)(1) It is a ground for removal from the Board if a member:

(A) does not have at the time of appointment the qualifications required by Subsection (a), (b), (c), or (d) of this section;

(B) does not maintain during the service on the Board the qualifications required by Subsection (a), (b), (c), or (d) of this section ;

(D) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(E) is absent from more than half of the regularly scheduled Board meetings that the member is eligible to attend during a calendar year unless the absence is excused by a majority vote of the Board.

(2) The validity of an action of the Board is not affected by the fact that it is taken when a ground for removal of a Board member exists.

(3) If the executive director has knowledge that a potential ground for removal may exist, the executive director shall notify the Board that a potential ground for removal may exist. The Board shall notify the governor and attorney general if a potential ground for removal exists.

(f) The validity of an action of the Board is not affected by the fact that it was taken when a ground for removal of a member of the Board existed.

(g)(1) An officer, employee, or paid consultant of a Texas trade association in the field of health services may not be a member or employee of the Board 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 17, of the position classification salary schedule.

(2) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of health services may not be a Board member and may not be an employee of the Board 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 17, of the position classification salary schedule.

(3) For the purposes of this subsection, a Texas trade association is a nonprofit, cooperative, and voluntarily joined 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.

(h) A person may not serve as 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, and its subsequent amendments, because of the person's activities for compensation on behalf of a profession related to the operation of the Board.

(i) A member of the Board who is appointed for a term of less than six years may be appointed to succeed himself for one six-year term. A member of the Board who is appointed for a six-year term is ineligible for reappointment for a period of six years following expiration of the term. Any vacancy in the membership of the Board occurring otherwise than by expiration of term shall be filled for the unexpired term by appointment by the governor.

Compensation and Expenses of Board Members

Sec. 6. Each member of the Board is entitled to a per diem as set by legislative appropriation for each day that the member engages in the business of the Board. A member may not receive any compensation for travel expenses, including expenses for meals and lodging, other than transportation expenses. A member is entitled to compensation for transportation expenses as prescribed by the General Appropriations Act. All per diem and compensation for expense authorized by this section shall be paid from the "Psychologists Licensing Fund." No money shall ever be paid from the General Revenue Fund for the administration of this Act.

Organization and Meetings of the Board

Sec. 7. (a) The Board shall hold a regular annual meeting at which it shall select from its members a chairperson and a vice-chairperson. Other regular meetings shall be held at such times as the rules of the Board may provide but not less than two times a year. Special meetings may be held at such times as may be deemed necessary or advisable by the Board or a majority of its members. Reasonable notice of all meetings shall be given in the manner prescribed by the rules of the Board. A quorum of the Board shall consist of a majority of its members.

(b) The executive director of the Board shall be employed by the Board and shall hold that position at the pleasure of the Board. The Board may employ such other persons as it deems necessary or desirable, including investigators, lawyers, consultants, and administrative staff, to carry out the provisions of this Act.

(c) The Board shall develop and implement policies that clearly define the respective responsibilities of the Board and the staff of the Board.

(d) The Board shall adopt and have an official seal.

Powers and Duties of the Board

Sec. 8. (a) In addition to the powers and duties granted the Board by other provisions of this Act, the Board may make all rules, not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. The Board shall adopt and publish a Code of Ethics. The Board may not adopt rules that govern the activities, services, or training of a person who is exempted under Section 22 of this Act. The Board may not adopt rules relating to the administration of an agency that is not subject to this Act, but may cooperate with those agencies in formulating voluntary guidelines to be observed in the training, activities, and supervision of persons who perform psychological services.

(b) The Board may certify the specialty of health service provider.

(c) The Board shall prepare information of public interest describing the functions of the Board and the Board's procedures by which complaints are filed with and resolved by the Board. The Board shall make information available to the public and appropriate state agencies.

(d) The Board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board. The Board may provide for that notification:

(1) on each registration form, application, or written contract for services of an individual or entity regulated by the Board;

(2) on a sign prominently displayed in the place of business of each individual or entity regulated by the Board; or

(3) in a bill for service provided by an individual or entity regulated by the Board.

(e) The Board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a health professional if the toll-free number is established under other state law.

(f) The Board shall keep an information file about each complaint filed with the Board relating to a licensee.

(g) If a written complaint is filed with the Board relating to a licensee, the Board at least as frequently as quarterly and until final disposition of the complaint shall notify the parties to the complaint of the status of the complaint unless the notification would jeopardize an undercover investigation.

(h) The Board may not adopt rules restricting competitive bidding or advertising by a person regulated by the Board except to prohibit false, misleading, or deceptive practices by the person. The Board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the Board a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of his personal voice in an advertisement;

(3) relates to the size or duration of an advertisement by the person; or

(4) restricts the person's advertisement under a trade name.

(i) The Board may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising.

(j) The Board shall establish mandatory continuing education programs for persons regulated by the Board under this Act. The Board by rule shall establish a minimum number of hours of continuing education required to renew a license under this Act. The Board may assess the continuing education needs of license holders and may require license holders to attend continuing education courses specified by the Board. The Board by rule shall develop a process to evaluate and approve continuing education courses. The Board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties. The Board shall adopt a procedure to assess a license holder's participation in continuing education programs.

(k) The executive director or the executive director's designee shall develop an intraagency career ladder program. The program shall require intraagency postings of all non-entry-level positions concurrently with any public posting.

(l) The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for Board employees must be based on the system established under this subsection.

(m) The Board is subject to Chapters 551 and 2001, Government Code.

(n) The Board shall adopt rules prescribing the activities that may be engaged in and services that may be provided by a holder of a provisional license or certificate. Rules adopted under this subsection must apply to both provisional license holders and certificate holders.

(o) The Board by rule shall provide that a certificate holder may be issued a provisional license in lieu of renewal of the certificate when the certificate expires.

Equal Employment Opportunity Policies

Sec. 8A. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;

(2) a comprehensive analysis of the Board work force that meets federal and state guidelines;

(3) procedures by which a determination can be made of significant underuse in the Board work force of all persons for whom federal or state guidelines encourage a more equitable balance; and

(4) reasonable methods to appropriately address those areas of underuse.

(b) A policy statement prepared under Subsection (a) of this section must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1) of this section, and be filed with the governor's office.

(c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b) of this section. The report may be made separately or as part of other biennial reports to the legislature.

Public Participation in Board Hearings

Sec. 8B. The Board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the Board and to speak on any issue under the jurisdiction of the Board.

Program Accessibility

Sec. 8C. The Board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the Board's programs. The Board shall also comply with federal and state laws for program and facility accessibility.

Training and Guidelines for Members of the Board

Sec. 8D. (a) The Board shall establish a training program for the members of the Board.

(b) Before a member of the Board may assume the member's duties and before the member may be confirmed by the senate, the member must complete at least one course of the training program established under this section.

(1) the enabling legislation that created the Board to which the member is appointed;

(2) the programs operated by the Board;

(3) the role and functions of the Board;

(4) the rules of the Board with an emphasis on the rules that relate to disciplinary and investigatory authority;

(5) the current budget for the Board;

(6) the results of the most recent formal audit of the Board;

(7) the requirements of Chapters 551, 552, and 2001, Government Code;

(8) the requirements of the conflict of interest laws and other laws relating to public officials; and

(9) any applicable ethics policies adopted by the Board or the Texas Ethics Commission.

(d) In developing the training requirements provided for in this section, the Board shall consult with the governor's office, attorney general's office, and Texas Ethics Commission.

(e) If another state agency or entity is given the authority to establish the training requirements, the Board shall allow that training in lieu of developing the Board's program.

Receipts and Disbursements

Sec. 9. All money paid to the Board under this Act shall be deposited in the state treasury.

Annual Report of the Board

Sec. 10. The Board shall file annually with the governor and the presiding officer of each House of the Legislature a complete and detailed written report accounting for all funds received and disbursed by the Board during the preceding fiscal year. The annual report must be in the form and reported in the time provided by the General Appropriations Act.

Provisional License; Qualification of Applicant for Examination for

Provisional License

Sec. 11. (a) An applicant is qualified to take the examination for provisional licensure as a psychologist if the applicant meets the requirements provided by this section.

(b) An applicant whose doctoral degree was received on or after January 1, 1979, must have received a doctoral degree in psychology from a regionally accredited educational institution.

(c) An applicant whose doctoral degree was received before January 1, 1979, must have received either 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. In determining whether a degree is substantially equivalent, the Board shall consider whether the doctoral program met the prevailing standards for training in the area of psychology, including standards for training in counseling, clinical, school, and industrial, in effect at the time the degree was conferred.

(d) In addition to the requirements of Subsection (b) or (c) of this section, the applicant must meet the following qualifications:

(1) the applicant has attained the age of majority;

(2) the applicant is of good moral character;

(3) in the judgment of the Board, the applicant is physically and mentally competent to render psychological services with reasonable skill and safety and is afflicted with no disease or condition, either mental or physical, which would impair competency to render psychological services; and

(4) the applicant:

(A) has not been convicted of a felony or a crime involving moral turpitude;

(B) does not use drugs or intoxicating liquors to an extent that affects the applicant's professional competency;

(D) except as provided by Section 15B of this Act, has not aided or abetted a person, not licensed under this Act to practice psychology, in representing that person as licensed under this Act to practice psychology;

(E) except as provided by Section 15B of this Act, has not represented the applicant as being licensed under this Act to practice psychology at a time that the applicant was not licensed under this Act to practice psychology, or practiced psychology in this state without a license issued under this Act or without being exempt under this Act.

Applications

Sec. 12. Application under Section 14 of this Act for examination for a provisional license shall be upon the forms prescribed by the Board. The Board may require that the application be verified. The required fees must accompany the application.

Evaluation of Experience

Sec. 13. In determining the acceptability of the applicant's professional experience, the Board may require such documentary evidence of the quality, scope and nature of the applicants' experience as it deems necessary.

Examinations

Sec. 14. (a) The Board shall administer the oral and written examinations required by Board rules to qualified applicants for licensure at least once a year. The Board shall have the written portion of the examination, if any, validated by an independent testing professional. The Board shall determine the subject and scope of the examinations and establish appropriate fees for examinations administered. Part of the examinations shall test applicant knowledge of the discipline and profession of psychology and part shall test applicant knowledge of the laws and rules governing the profession of psychology in this state. This latter part of the examination is to be known as the Board's jurisprudence examination. An applicant who fails his examination may be reexamined at intervals specified by the Board upon payment of another examination fee corresponding to the examination failed.

(b) Within 30 days after the day on which an examination is administered under Subsection (a) of this section , the Board shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the Board shall notify examinees of the results of the examination within two weeks after the day that the Board receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, the Board shall notify the examinee of the reason for the delay before the 90th day.

(c) The Board may waive the discipline and professional segment of the examination requirement for Diplomats of the American Board of Examiners in Professional Psychology and/or when in the Board's judgment the applicant has already demonstrated competence in areas covered by the examination. However, the jurisprudence examination shall be administered to and passed by all applicants before the board may issue a provisional license.

(d) If requested in writing by a person who fails an examination administered under this Act, the Board shall furnish the person with an analysis of the person's performance on the examination.

Issuance of Provisional License

Sec. 15. The Board shall issue a provisional license to a qualified applicant who has successfully passed the examinations prescribed by the Board and has paid the fee for a provisional license.

Endorsement

Sec. 15A. (a) The Board may grant a temporary license to an applicant seeking permanent licensure, including individuals seeking reciprocity under Section 15B, upon submission to the Board of an application in the form prescribed by the Board and payment of the required application fees if:

(1) the individual is licensed, certified, or registered as a psychologist or psychological associate by another state, the District of Columbia, or a commonwealth or territory of the United States and is in good standing with the regulatory agency of that jurisdiction;

(2) the requirements for licensing, certification, or registration in the other jurisdiction are substantially equal to those prescribed by this Act; and

(3) the individual has passed a national or other examination recognized as equivalent by the Board to the examination process required by the Board for permanent licensure under this Act.

(b) A temporary license is valid until the date the Board approves or denies the temporary license holder's application for a permanent license or for one year if no action is taken by the Board.

(c) If the Board denies the temporary license holder's application for permanent licensure, the temporary license shall automatically expire.

(d) All temporary licenses expire one year after their issuance.

(e) The Board may adopt rules for the temporary licensing of an individual who holds a valid license or the equivalent from another country.

(f) Any temporary license issued under this section does not constitute a vested property right.

(g) A holder of a temporary license issued under this Act must display a sign approved by the Board in every room where the holder renders psychological services indicating the temporary nature of the license.

Reciprocity

Sec. 15B. The Board may enter into and implement agreements for reciprocal licensing with other jurisdictions if the requirements for licensing, certification, or registration in the other jurisdiction are substantially equal to those prescribed by this Act.

Fees

Sec. 16. (a) The Board by rule shall establish fees in amounts that are reasonable and necessary to produce sufficient revenue to cover the costs of administering this Act.

(b) The fees set by the Board may be adjusted so that the total fees collected are sufficient to meet the expenses of administering this Act. The Board may not set a fee for an amount less than the amount of that fee on September 1, 1993.

Sec. 16A. Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 10.05(b), eff. Sept. 1, 1991.

Increase in Fees

Sec. 16B. (a) Each of the following fees imposed by or under another section of this Act is increased by $200:

(1) the fee for a provisional license examination;

(2) the fee for renewal of a provisional license; and

(3) the fee for renewal of a license.

(b) Of each fee increase collected, $50 shall be deposited to the credit of the foundation school fund and $150 shall be deposited to the credit of the general revenue fund. This subsection applies to the disposition of each fee increase regardless of any other provision of law providing for a different disposition of funds.

(c) A psychologist is exempt from this section if the psychologist's services and use of official title are within the scope of that psychologist's employment as exempted by Subsection (a) of Section 22 of this Act.

Renewal

Sec. 17. (a) The Board shall issue a license to each person whom it licenses. The license shall show the full name of the person holding the license and shall bear a serial number. The license shall be signed by the chairperson and the executive director of the Board under the seal of the Board.

(b) Unless otherwise provided by board rule, licenses expire on December 31st in the year following their issuance or renewal and are invalid thereafter unless renewed. The Board by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the expiration date is changed, licensing fees shall be prorated so that each license holder must pay only that 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 full licensing fee is payable.

(c) A person may renew an unexpired license by paying to the Board before the expiration date of the license the required renewal fee. If a person's license has been expired for 90 days or less, the person may renew the license by paying to the Board the required renewal fee and a fee that is one-half of the examination fee for the license. If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the Board all unpaid renewal fees and a fee that is equal to the examination fee for the license. If a person's license has been expired for one year or longer, 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. However, the Board 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 application. The person must pay to the Board a fee that is equal to the examination fee for the license. At least 30 days before the expiration of a person's license, the Board shall send written notice of the impending license expiration to the person at the license holder's last known address according to the records of the Board.

(d) A psychologist who wishes to place the psychologist's license on inactive status may do so upon application by payment of a fee established by the Board; such a psychologist shall not accrue any penalty for late payment of the renewal fee.

(e) The Board may refuse to renew the provisional license of any person who does not meet the qualifications for a provisional license under Section 11 of this Act.

(f) Any person holding a license issued under Section 21 of this Act shall be required to renew the person's license.

(g) The renewal procedures prescribed by this section apply to the renewal of licenses and specialty certifications.

(h) The renewal of licenses held by psychological associates as established by Section 19 of this Act is subject to the renewal procedures prescribed by this section except that the licenses expire May 31st in the appropriate year following their issuance or renewal, unless otherwise provided by board rule. The Board by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the expiration date is changed, license fees shall be prorated so that each license holder must pay only that 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 full license fee is payable.

Expiration Dates of Certifications; Proration of Fees

Sec. 17A. The board by rule may adopt a system under which certifications expire on various dates during the year. For the year in which the certification expiration date is changed, certification fees payable before January 1 shall be prorated on a monthly basis so that each certificate holder shall pay only that portion of the certification fee which is allocable to the number of months during which certification is valid. On renewal of the certification on the new expiration date, the total certification renewal fee is payable.

Roster of Certified and Licensed Psychologists

Sec. 18. The Board shall, on an annual basis, publish a list of all psychologists certified or licensed under this Act. The list shall contain the name and address of the psychologist and such other information that the Board deems desirable. The list shall be arranged both alphabetically and geographically. The Board shall mail a copy of this list to each person licensed under this Act, shall place a copy on file with the Secretary of State and shall furnish copies to the public upon request.

Sub-doctoral License

Sec. 19. The Board, with the advice of the Psychological Associate Advisory Committee as provided by Section 19A of this Act, shall set standards for qualification and issue licenses for sub-doctoral levels of psychological personnel. Sub-doctoral personnel must have a master's degree in a program that is primarily psychological in nature in an accredited university or college. Sub-doctoral levels shall be designated by a title(s) which includes the adjective "psychological" followed by a noun such as "associate," "assistant," "examiner," "technician," etc.

Advisory Committee

Sec. 19A. (a) The Psychological Associate Advisory Committee is created as an advisory committee to the Board. The committee consists of six members appointed by the governor.

(b) Three members must be licensed psychological associates.

(d) Two members must be members of the general public who are not licensed in the field of health care. To be eligible for appointment as a public member, a person must meet the eligibility requirements for public members of the Board under Section 5 of this Act.

(e) Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(f) A person who is required to register as a lobbyist under Chapter 305, Government Code, and its subsequent amendments, may not serve as a member of the committee.

(g) It is a ground for removal from the committee if a member fails to attend at least one-half of the regularly scheduled committee meetings held in a calendar year.

(h) Members of the advisory committee hold office for staggered terms of six years, with two members' terms expiring February 1 of each odd-numbered year.

(i) The committee shall select its officers to serve in that capacity for a period of one year.

(j) Each member of the committee is entitled to a per diem as set by legislative appropriation for each day that the member engages in the business of the committee.

(k) The advisory committee is subject to Chapters 551, 552, and 2001, Government Code.

(l) The advisory committee shall develop and recommend rules to the Board that establish:

(1) the license qualifications for psychological associates;

(2) the supervision requirements for psychological associates practicing less than five years;

(3) the permitted activities and services within the practice of psychological associates;

(4) the schedule of disciplinary sanctions required by Section 23(b) of this Act that apply to psychological associates;

(5) the continuing education requirements for psychological associates;

(6) the proportional billing guidelines for services rendered by psychological associates with less than five years experience; and

(7) the guidelines, including additional educational requirements, for practice with minimal supervision for psychological associates with five or more years of experience.

(m) On receiving the recommendations of the advisory committee, the Board must approve or reject the proposed rules. If the Board does not approve a rule developed by the advisory committee, the Board shall indicate to the advisory committee the reasons that the Board did not approve the rule and return the rule to the advisory committee for further development.

License Required to Practice

Sec. 20. A person may not engage in the practice of psychology or represent the person as a person engaged in the practice of psychology within the meaning of this Act unless the person is licensed under this Act or is exempt under Section 22 of this Act.

Licensing

Sec. 21. (a) Any person who practices psychology as defined herein for compensation must apply to the Board and upon payment of a fee shall be granted a license by the Board. No person may be licensed as a psychologist unless:

(1) the person is certified or provisionally licensed as a psychologist under this Act; and

(2) the person has had at least two years of supervised experience in the field of psychological services, one year of which may be part of the doctoral program and at least one year of which was after the person's doctoral degree was conferred.

(b) For the purposes of Subdivision (2) of Subsection (a) of this section, experience is supervised only if it is supervised by a licensed psychologist in the manner provided by the Board's supervision guidelines.

Exemptions

Sec. 22. Nothing in this Act shall be construed to apply to:

(a) the activities, services and use of official title on the part of a person employed as a psychologist or psychological associate by any: (1) governmental agency or (2) regionally accredited institution of higher education provided such employee is performing those duties for which he is employed by such agency or institution and within the confines of such agency or institution insofar as such activities and services are a part of the duties of his office or position as a psychologist or psychological associate with such agency or institution; except that persons employed as psychologists or psychological associates who offer or provide psychological services to the public (other than lecture services) for a fee, monetary or otherwise, over and above the salary that they receive for the performance of their regular duties, and/or persons employed as psychologists or psychological associates by organizations that sell psychological services to the public (other than lecture services) for a fee, monetary or otherwise must be licensed under the provisions of this Act;

(b) the activities and services of a student, intern or resident in psychology, pursuing a course of study in preparation for the profession of psychology under qualified supervision in recognized training institutions or facilities, if these activities and services constitute a part of his supervised course of study, provided that such an individual is designated by a title such as "psychological intern," "psychological trainee," or others clearly indicating such training status;

(c) the activities and services of members of other licensed professions, including physicians, surgeons, attorneys, registered nurses, licensed vocational nurses, occupational therapists, certified social workers, licensed professional counselors, career counselors, licensed marriage and family therapists, and licensed chemical dependency counselors, if the activities and services are permitted under the applicable license and the members do not represent themselves to be psychologists or describe their services by the use of the term "psychological";

(d) the activities and services of duly recognized members of the clergy who are acting within the members' ministerial capabilities, if the members do not represent themselves to be psychologists or describe their services by the use of the term "psychological";

(e) the voluntary activities and services of persons employed by or working on the behalf of charitable nonprofit organizations, if the persons do not represent themselves to be psychologists or describe their services by the use of the term "psychological."

Revocation, Cancellation, or Suspension of License; Civil Penalty

Sec. 23. (a) The Board shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder if the license holder:

(1) has been convicted of a felony or of a violation of the law involving moral turpitude by any court; the conviction of a felony shall be the conviction of any offense which if committed within this state would constitute a felony under the laws of this state;

(2) uses drugs or intoxicating liquors to an extent that affects his professional competency;

(3) has been guilty of fraud or deceit in connection with his services rendered as a psychologist;

(4) except as provided by Section 15B of this Act, has aided or abetted a person, not licensed under this Act to practice psychology, in representing that person as licensed under this Act to practice psychology;

(5) except as provided by Section 15B of this Act, has represented the person to be licensed under this Act to practice psychology at a time the person was not licensed to practice psychology in this state, or practiced psychology in this state without a license under this Act or without being exempt under this Act;

(6) violates a rule adopted by the Board;

(7) violates a provision of this Act; or

(8) has committed an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.

(b) If the Board proposes to refuse a person's application for a license, to suspend or revoke a person's license, or to reprimand a person, the person is entitled to a hearing before the State Office of Administrative Hearings. The Board by rule shall adopt a broad schedule of sanctions for violations under this Act. The State Office of Administrative Hearings shall use the schedule for any sanction imposed as the result of a hearing conducted by that office.

(c) Proceedings for the refusal, suspension, or revocation of a license or for the reprimand of a person are governed by Chapter 2001, Government Code.

(d) An appeal of an action of the Board is governed by Chapter 2001, Government Code. Judicial review of an action of the Board shall be conducted under the substantial evidence rule.

(e) A person who violates this Act or a rule or order adopted by the Board under this Act is liable to the state for a civil penalty of $1,000 for each day of violation. At the request of the Board, the attorney general shall bring an action to recover a civil penalty authorized under this subsection. A penalty collected under this subsection shall be remitted to the comptroller for deposit in the general revenue fund.

(f) In addition to the other disciplinary actions authorized by this section, the Board may require that a license holder who violates this Act participate in continuing education programs. The Board shall specify the continuing education programs that may be attended and the number of hours that must be completed by an individual license holder to fulfill the requirements of this subsection.

(g) If a license suspension is probated, the Board may require the license holder to:

(1) report regularly to the Board on matters that are the basis of the probation;

(2) limit practice to the areas prescribed by the Board; or

(3) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the Board in those areas that are the basis of the probation.

Administrative Penalty

Sec. 23A. (a) The Board may impose an administrative penalty against a person licensed or regulated under this Act who violates this Act or a rule or order adopted under this Act.

(b) The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and 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 future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(d) An executive director who determines that a violation may have occurred shall issue to the Board a report that states the facts on which the determination is based. The Board shall determine whether a violation has occurred. If the Board determines that a violation has occurred, the Board shall make a recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty.

(e) Within 14 days after the date the report is issued, the executive director shall give written notice of the report to the person. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(f) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the Board or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(g) If the person accepts the determination and recommended penalty of the Board, the Board shall issue an order and impose the recommended penalty.

(h) If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice of the hearing to the person. The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings. The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the Board a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty. Based on the findings of fact, conclusions of law, and proposal for a decision, the Board by order may find that a violation has occurred and impose a penalty or may find that no violation occurred.

(i) The notice of the Board's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.

(j) Within 30 days after the date the Board's order is final as provided by Section 2001.144, Government Code, the person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(k) Within the 30-day period, a person who acts under Subsection (j)(3) of this section may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement in an escrow account; or

(B) giving to the court a supersedeas bond approved by the court for the amount of the penalty and that is effective until all judicial review of the Board'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 amount of the penalty and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the executive director by certified mail.

(l) An executive director who receives a copy of an affidavit under Subsection (k)(2) of this section may file, with the court within five days after the date the copy is received, a contest to the affidavit. 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 an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond.

(m) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the amount of the penalty.

(n) Judicial review of the order of the Board:

(1) is instituted by filing a petition as provided by Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(o) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed.

(p) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount.

(q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund.

(r) All proceedings under this section are subject to Chapter 2001, Government Code.

Temporary Suspension

Sec. 23B. (a) An executive committee of the Board, consisting of the presiding officer of the Board and two other Board members appointed by the presiding officer, may temporarily suspend the license of a license holder under this Act if the executive committee determines from the evidence or information presented to the committee that the continued practice by the license holder constitutes a continuing or imminent threat to the public welfare.

(b) A temporary suspension authorized under Subsection (a) of this section may also be ordered on a majority vote of the Board.

(c) A license temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings under this Act should be initiated against the license holder is scheduled to be held not later than the 14th day after the date of the suspension. A second hearing on the suspended license shall be held not later than the 60th day after the date the suspension was ordered. If the second hearing is not held in the time required by this subsection, the suspended license is automatically reinstated.

(d) The Board by rule shall adopt procedures for the temporary suspension of a license under this section.

Injunctions

Sec. 24. The Board shall have the right to institute an action in its own name to enjoin the violation of any provisions of this Act. Said action for injunction shall be in addition to any other action, proceeding or remedy authorized by law. The Board shall be represented by the Attorney General or the County or District Attorneys of this state.

Enforcement of Competency Requirements

Sec. 24A. (a) If the Board reasonably believes that a person who is applying to take the provisional license examination, who is applying for a license or license renewal, who is currently licensed by the Board, or who is otherwise providing psychological services under any license or certification sanctioned or approved by the Board, is not physically and mentally competent to render psychological services with reasonable skill and safety to the person's patients, or is afflicted with a disease or condition, either physical or mental, which would impair the person's competency to render psychological services, the Board may request that the person submit to a physical examination by a doctor of medicine or doctor of osteopathic medicine approved by the Board or submit to a mental examination by a doctor of medicine, doctor of osteopathic medicine, or licensed psychologist approved by the Board.

(b) If the applicant or person seeking provisional license renewal refuses to submit to the examination, the Board shall issue an order requiring that person to show cause for the person's refusal and shall schedule a hearing on the order within thirty (30) days after notice is served on the person who has refused to submit to the examination. Notice shall be given either by personal service or by registered mail return receipt requested. At the hearing the person may appear personally and by counsel and present evidence in justification of the refusal to submit to the examination. After a complete hearing the Board shall issue an order either requiring the person to submit to the examination or withdrawing the request for the examination. Unless the request is withdrawn the person who has refused to submit to the physical or mental examination may not take the provisional license examination, and is not entitled to license renewal. An appeal from the order of the Board may be made under Section 23 of this Act.

Violations

Sec. 25. Any person, whether acting as an individual, firm, partnership, corporation, agency, or other entity, who engages in the practice of psychology or represents the person to be a psychologist in violation of this Act is guilty of a Class A misdemeanor . Each day of violation is a separate offense.

Complaint Procedure in General

Sec. 25A. (a) The Board shall keep an information file about each complaint filed with the Board. The Board's information file shall be kept current and contain a record for each complaint of:

(1) all persons contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint process;

(3) an explanation of the legal basis and reason for a complaint that is dismissed; and

(4) other relevant information.

(b) If a written complaint is filed with the Board that the Board has authority to resolve, the Board, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.

(c) The Board by rule shall adopt a form to standardize information concerning complaints made to the Board. The Board by rule shall prescribe information to be provided to a person when the person files a complaint with the Board.

(d) The Board shall provide reasonable assistance to a person who wishes to file a complaint with the Board.

(e) Except as specifically provided in Subsection (f) of this section, a complaint and investigation under Section 8 of this Act concerning an individual licensed by the Board and all information and materials compiled by the Board in connection with a complaint and investigation are not subject to disclosure under the open records law, Chapter 552, Government Code, and are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to any person or entity.

(f) A complaint or investigation covered by Subsection (e) of this section and all information and materials compiled by the Board in connection with such a complaint or investigation may be disclosed to:

(1) the Board and its employees or agents involved in licensee discipline;

(2) a party to a disciplinary action against the licensee or that party's designated representative;

(3) law enforcement agencies if otherwise required by law;

(4) governmental agencies, if the disclosure is required or permitted by law, provided that the agency obtaining disclosure shall protect the identity of any patient whose records are examined; or

(5) any legislative committee or its staff directed by either or both houses of the legislature, the presiding officers of either or both houses of the legislature, or the chairman of the legislative committee to make an inquiry regarding state hospitals or schools, provided that no information or records that identify a patient or client shall be released for any purpose unless proper consent is given by the patient and provided that only records created by the state hospital or school or its employees shall be included under this subsection.

(g) Not later than 30 days after receiving a written request from a licensee who is entitled to a hearing under this Act or from the licensee's attorney of record, the Board shall provide the licensee with access to all information that the Board intends to offer into evidence at the hearing, unless good cause for delay is shown to the person presiding as officer in the hearing.

(h) In any disciplinary investigation or proceeding against a licensee, the Board shall protect the identity of any patient whose records are examined, except:

(1) any patient initiating the disciplinary action; or

(2) those patients who have submitted a written consent to the release of their records.

Complaint Investigation and Disposition

Sec. 25B. (a) The Board shall adopt rules concerning the investigation of a complaint filed with the Board. The rules adopted under this subsection shall:

(1) distinguish between categories of complaints;

(2) ensure that complaints are not dismissed without appropriate consideration;

(3) require that the Board 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 dismissed complaint;

(4) ensure that the person who filed the 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 the procedures for the Board to obtain the services of a private investigator.

(b) The Board shall dispose of all complaints in a timely manner. The Board shall establish a schedule for conducting each phase of a complaint that is under the control of the Board not later than the 30th day after the date the complaint is received by the Board. The schedule shall be kept in the information file for the complaint, and all parties shall be notified of the projected time requirements for pursuing the complaint. A change in the schedule must be noted in the complaint information file, and all parties to the complaint must be notified not later than the seventh day after the date the change is made.

(c) The executive director of the Board shall notify the Board of a complaint that extends beyond the time prescribed by the Board for resolving the complaint so that the Board may take necessary action on the complaint.

Informal Proceedings

Sec. 25C. (a) The Board by rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section 2001.056, Government Code; and

(2) informal proceedings held in compliance with Section 2001.054, Government Code.

(b) Rules adopted under this section must provide the complainant and the license or certificate holder an opportunity to be heard and must require the presence of an attorney to advise the Board or Board's employees. The attorney must be a member of the Board's legal staff, if the Board has a legal staff. If the Board does not have a legal staff, the attorney must be a member of the office of the attorney general.

Monitoring of License Holder

Sec. 25D. The Board by rule shall develop a system for monitoring the compliance of a license holder with the requirements of this Act. Rules adopted under this section shall include procedures for monitoring a license holder who is ordered by the Board to perform certain acts to ascertain that the license holder performs the required acts and to identify and monitor license holders who represent a risk to the public.

Licensed Specialist in School Psychology

Sec. 26. (a) The board by rule shall adopt the license classification of "licensed specialist in school psychology." A license issued under this section constitutes the appropriate credential for a person to provide psychological services in a school in this state as required by Section 21.003(b), Education Code.

(b) The board shall set the standards for qualification of a license issued under this section. The standards must include:

(1) minimum recognized graduate degree requirements;

(2) completion of graduate course work at a regionally accredited institution of higher education in the following areas:

(A) psychological foundations;

(B) educational foundations;

(D) assessments; and

(E) professional issues and ethics;

(3) completion of a minimum of 1,200 hours of supervised experience;

(4) receipt of a passing score on a nationally recognized qualifying examination determined to be appropriate by the board and on any other examination determined to be necessary by the board; and

(5) satisfaction of the requirements imposed under Section 11(d) of this Act.

(c) The rules of practice for a licensed specialist in school psychology must comply with nationally recognized standards for the practice of school psychology.

Severability Clause

Sec. 27. If any provision of this Act or the application thereof to any person or circumstance is held invalid, this invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared severable.

Hypnotic Interview Technique

(a) A peace officer may not use any hypnotic interview technique unless the officer has completed a training course approved by the commission and passed an examination that is designed to test the officer's knowledge of investigative hypnosis and that is administered by the commission. A professional achievement or proficiency certificate may be issued to an officer who meets these requirements.

(b) The commission may establish minimum requirements for the training, testing, and certification of peace officers who use investigative hypnosis.