85R8323 MAW-D     By: Gonzales of Williamson H.B. No. 2898       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.