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  H.B. No. 3808
 
 
 
 
AN ACT
  relating to student loan repayment assistance for certain mental
  health professionals and to the conduct that constitutes the
  practice of psychology.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.601, Education Code, is amended to
  read as follows:
         Sec. 61.601.  DEFINITION. In this subchapter, "mental
  health professional" means:
               (1)  a licensed physician who is:
                     (A)  a graduate of an accredited psychiatric
  residency training program; or
                     (B)  certified in psychiatry by:
                           (i)  the American Board of Psychiatry and
  Neurology; or
                           (ii)  the American Osteopathic Board of
  Neurology and Psychiatry;
               (2)  a psychologist, as defined by Section 501.002,
  Occupations Code;
               (3)  a licensed professional counselor, as defined by
  Section 503.002, Occupations Code;
               (4)  an advanced practice registered nurse, as defined
  by Section 301.152, Occupations Code, who holds a nationally
  recognized board certification in psychiatric or mental health
  nursing; [and]
               (5)  a licensed clinical social worker, as defined by
  Section 505.002, Occupations Code; and
               (6)  a licensed marriage and family therapist, as
  defined by Section 502.002, Occupations Code.
         SECTION 2.  Section 61.604, Education Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  The board may award a grant under this subchapter to a
  mental health professional described by Section 61.601(6) only in
  accordance with Subsection (e).
         (e)  If in a state fiscal year there are funds available for
  purposes of the program after funding grants to all eligible mental
  health professionals described by Subsections 61.601(1)-(5), the
  board may allocate any unused funds to award repayment assistance
  grants to mental health professionals in any of the professions
  listed in Section 61.601 except that priority must be given to
  awarding grants to mental health professionals described by
  Subsections 61.601(1)-(5). The limitations prescribed by
  Subsections (b) and (c) do not apply to grants awarded under this
  subsection.
         SECTION 3.  Section 61.607(b), Education Code, is amended to
  read as follows:
         (b)  The total amount of repayment assistance received by a
  mental health professional under this subchapter may not exceed:
               (1)  $160,000, for assistance received by a licensed
  physician;
               (2)  $80,000, for assistance received by:
                     (A)  a psychologist;
                     (B)  a licensed clinical social worker, if the
  social worker has received a doctoral degree related to social
  work; [or]
                     (C)  a licensed professional counselor, if the
  counselor has received a doctoral degree related to counseling; or
                     (D)  a licensed marriage and family therapist, if
  the marriage and family therapist has received a doctoral degree
  related to marriage and family therapy;
               (3)  $60,000, for assistance received by an advanced
  practice registered nurse; and
               (4)  $40,000, for assistance received by a licensed
  clinical social worker, a licensed marriage and family therapist,
  or a licensed professional counselor who is not described by
  Subdivision (2).
         SECTION 4.  Section 61.608, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The board shall adopt rules establishing a process for
  allocating any unused funds under the program in a state fiscal year
  in accordance with Section 61.604(e).
         SECTION 5.  Section 501.003, Occupations Code, is amended to
  read as follows:
         Sec. 501.003.  DEFINITION: PRACTICE OF PSYCHOLOGY. (a)  In
  this chapter:
               (1)  "Practice of psychology" means:
                     (A)  the observation, description, diagnosis,
  evaluation, assessment, interpretation, or treatment of and
  intervention in human behavior by applying education, training,
  methods, and procedures for the purpose of:
                           (i)  preventing, predicting, treating,
  remediating, or eliminating:
                                 (a)  symptomatic, maladaptive, or
  undesired behavior;
                                 (b)  emotional, interpersonal,
  learning, substance use, neuropsychological, cognitive, or
  behavioral disorders or disabilities, including those that
  accompany medical problems; or
                                 (c)  mental illness;
                           (ii)  evaluating, assessing, or
  facilitating, by a license holder or a person who represents the
  person to the public by a title or description of services that
  includes the word "psychological," "psychologist," or
  "psychology," the enhancement of individual, group, or
  organizational effectiveness, including evaluating, assessing, or
  facilitating:
                                 (a)  personal effectiveness;
                                 (b)  adaptive behavior;
                                 (c)  interpersonal relationships;
                                 (d)  academic, vocational, and life
  adjustment;
                                 (e)  health; or
                                 (f)  individual, group, or
  organizational performance;
                           (iii)  providing psychological,
  neuropsychological, and psychoeducational evaluation, therapy, and
  remediation as well as counseling, psychoanalysis, psychotherapy,
  hypnosis, and biofeedback; or
                           (iv)  consulting with others, including
  other mental health professionals, physicians, school personnel,
  or organizations within the scope of the provider's competency and
  training with respect to services provided for a specific
  individual; or
                     (B)  the supervision of an activity or service
  described by Paragraph (A).
               (2)  "Psychological [section, "psychological]
  services" means acts or behaviors that are included within the
  purview of the practice of psychology.
         (b)  A person is engaged in the practice of psychology
  [within the meaning of this chapter] if the person:
               (1)  when providing or offering to provide
  psychological services to another in a professional relationship,
  represents the person to the public by a title or description of
  services that includes the word "psychological," "psychologist,"
  or "psychology";
               (2)  provides or offers to provide psychological
  services to individuals, groups, organizations, or the public in a
  professional relationship;
               (3)  is a psychologist or psychological associate
  employed as described by Section 501.004(a)(1) who offers or
  provides psychological services, other than lecture services, to
  the public for consideration separate from the salary that person
  receives for performing the person's regular duties; or
               (4)  is employed as a psychologist or psychological
  associate by an organization that sells psychological services,
  other than lecture services, to the public for consideration.
         (c)  A person is not engaged in the [The] practice of
  psychology based solely on the person offering, regardless of
  whether the person is solicited, advice, counsel, or guidance
  addressing or affecting the mental, emotional, or behavioral health
  of another, if the person does not represent that the person is
  licensed under this chapter or engaged in the delivery of
  psychological services and does not represent that the advice,
  counsel, or guidance is psychological in nature, and:
               (1)  the advice, counsel, or guidance is not offered in
  the context of a professional relationship;
               (2)  if the person is offering the advice, counsel, or
  guidance in connection with the person's occupation, the primary
  focus of the occupation is not the delivery of mental, emotional, or
  behavioral health care services; or
               (3)  the advice, counsel, or guidance is offered
  through an organized or structured program or peer support service
  that is designed to support or assist a person with a
  self-identified goal of changing or improving certain aspects of
  the person's mental, emotional, or behavioral health [includes
  providing or offering to provide services to an individual or
  group, including providing computerized procedures, that include
  the application of established principles, methods, and procedures
  of describing, explaining, and ameliorating behavior;
               [(2)     addresses normal behavior and involves
  evaluating, preventing, and remediating psychological, emotional,
  mental, interpersonal, learning, and behavioral disorders of
  individuals or groups, as well as the psychological disorders that
  accompany medical problems, organizational structures, stress, and
  health;
               [(3)  includes:
                     [(A)     using projective techniques,
  neuropsychological testing, counseling, career counseling,
  psychotherapy, hypnosis for health care purposes, hypnotherapy,
  and biofeedback; and
                     [(B)     evaluating and treating mental or emotional
  disorders and disabilities by psychological techniques and
  procedures; and
               [(4)  is based on:
                     [(A)     a systematic body of knowledge and
  principles acquired in an organized program of graduate study; and
                     [(B)     the standards of ethics established by the
  profession].
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3808 was passed by the House on May 4,
  2017, by the following vote:  Yeas 136, Nays 7, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3808 on May 25, 2017, by the following vote:  Yeas 120, Nays 21,
  3 present, not voting, and that the House adopted H.C.R. No. 155
  authorizing certain corrections in H.B. No. 3808 on May 29, 2017, by
  the following vote: Yeas 144, Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3808 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 20, Nays
  11, and that the Senate adopted H.C.R. No. 155 authorizing certain
  corrections in H.B. No. 3808 on May 29, 2017, by the following vote:
  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor