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AN ACT
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relating to the practice of psychology; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 593.004 and 593.005, Health and Safety |
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Code, are amended to read as follows: |
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Sec. 593.004. APPLICATION FOR DETERMINATION OF MENTAL |
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RETARDATION. (a) In this section, "authorized provider" means: |
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(1) a physician licensed to practice in this state; |
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(2) a psychologist licensed to practice in this state; |
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(3) a professional licensed to practice in this state |
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and certified by the department; or |
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(4) a provider certified by the department before |
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September 1, 2013. |
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(b) A person believed to be a person with mental |
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retardation, the parent if the person is a minor, or the guardian of |
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the person may make written application to an authorized provider |
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[the department, a community center, a physician, or a psychologist
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licensed to practice in this state or certified by the department] |
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for a determination of mental retardation using forms provided by |
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the department. |
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Sec. 593.005. DETERMINATION OF MENTAL RETARDATION. (a) In |
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this section, "authorized provider" has the meaning assigned by |
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Section 593.004. |
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(a-1) An authorized provider [A physician or psychologist
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licensed to practice in this state or certified by the department] |
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shall perform the determination of mental retardation. The |
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department may charge a reasonable fee for certifying an authorized |
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provider [a psychologist]. |
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(b) The authorized provider [physician or psychologist] |
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shall base the determination on an interview with the person and on |
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a professional assessment that, at a minimum, includes: |
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(1) a measure of the person's intellectual |
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functioning; |
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(2) a determination of the person's adaptive behavior |
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level; and |
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(3) evidence of origination during the person's |
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developmental period. |
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(c) The authorized provider [physician or psychologist] may |
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use a previous assessment, social history, or relevant record from |
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a school district, a public or private agency, or a [another] |
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physician or psychologist if the authorized provider [physician or
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psychologist] determines that the assessment, social history, or |
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record is valid. |
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(d) If the person is indigent, the determination of mental |
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retardation shall be performed at the department's expense by an |
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authorized provider [a physician or psychologist licensed in this
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state or certified by the department]. |
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SECTION 2. Section 501.004(a), Occupations Code, is amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) the activity or service of a person, or the use of |
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an official title by the person, who is employed as a psychologist |
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or psychological associate by a [governmental agency or] regionally |
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accredited institution of higher education if the person performs |
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duties the person is employed by the [agency or] institution to |
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perform within the confines of the [agency or] institution; |
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(2) the activity or service of a student, intern, or |
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resident in psychology if: |
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(A) the person is pursuing a course of study to |
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prepare for the profession of psychology under qualified |
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supervision in a recognized training institution or facility; |
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(B) the activity or service is part of the |
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person's supervised course of study; and |
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(C) the person is designated as a "psychological |
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intern," as a "psychological trainee," or by another title that |
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clearly indicates the person's training status; |
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(3) the activity or service of a licensed |
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professional, other than a person licensed under this chapter, if: |
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(A) the activity or service is permitted under |
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the person's license; and |
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(B) the person does not represent that the person |
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is a psychologist or describe the service provided by using the term |
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"psychological"; |
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(4) the activity or service of a recognized member of |
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the clergy who is acting within the person's ministerial |
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capabilities if the person does not: |
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(A) represent that the person is a psychologist; |
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or |
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(B) describe the service provided by using the |
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term "psychological"; [or] |
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(5) the voluntary activity or service of a person |
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employed by or working on behalf of a charitable nonprofit |
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organization if the person does not: |
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(A) represent that the person is a psychologist; |
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or |
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(B) describe the service provided by using the |
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term "psychological"; or |
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(6) the activity or service of a person who is employed |
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by a governmental agency if the person: |
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(A) performs duties the person is employed by the |
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agency to perform within the confines of the agency; and |
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(B) does not represent that the person is a |
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psychologist.["] |
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SECTION 3. Section 501.153(c), Occupations Code, is amended |
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to read as follows: |
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(c) A psychologist is exempt from this section if the |
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psychological services provided and the psychologist's use of an |
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official title are within the scope of the psychologist's |
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employment as described by Section 501.004(a)(1) or (6). |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 807 was passed by the House on April |
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11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 807 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |