Law:Title 3. Health Professions. Subtitle I. Regulation Of Psychology And Counseling (Texas)

From Law Delta

Revision as of 21:38, 28 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Subtitle I. Regulation Of Psychology And Counseling

Contents

Chapter 501. Psychologists

Subchapter A. General Provisions

Section  501.001.  Short Title.

This chapter may be cited as the Psychologists' Licensing Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.002.  Definitions.

In this chapter:

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

(2)  "Licensed specialist in school psychology" means a person who holds a license to engage in the practice of psychology under Section 501.260.

(3)  "Provisional license holder" means a person who holds a license to engage in the practice of psychology under Section 501.253.

(4)  "Psychological associate" means a person who holds a license to engage in the practice of psychology issued under Section 501.259.

(5)  "Psychologist" means a person who holds a license to engage in the practice of psychology issued under Section 501.252.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.003.  Practice Of Psychology.

(a) In this 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)  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;

(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)  The practice of psychology:

(1)  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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.004.  Applicability.

(a) This chapter does not apply to:

(1)  the activity or service of a person, or the use of an official title by the person, who is employed as a psychologist or psychological associate by a governmental agency or regionally accredited institution of higher education if the person performs duties the person is employed by the agency or institution to perform within the confines of the agency or institution;

(2)  the activity or service of a student, intern, or resident in psychology if:

(A)  the person is pursuing a course of study to prepare for the profession of psychology under qualified supervision in a recognized training institution or facility;

(B)  the activity or service is part of the person's supervised course of study; and

(C)  the person is designated as a "psychological intern," as a "psychological trainee," or by another title that clearly indicates the person's training status;

(3)  the activity or service of a licensed professional, other than a person licensed under this chapter, if:

(A)  the activity or service is permitted under the person's license; and

(B)  the person does not represent that the person is a psychologist or describe the service provided by using the term "psychological";

(4)  the activity or service of a recognized member of the clergy who is acting within the person's ministerial capabilities if the person does not:

(A)  represent that the person is a psychologist; or

(B)  describe the service provided by using the term "psychological"; or

(5)  the voluntary activity or service of a person employed by or working on behalf of a charitable nonprofit organization if the person does not:

(A)  represent that the person is a psychologist; or

(B)  describe the service provided by using the term "psychological."

(b)  For purposes of Subsection (a)(3), a licensed professional includes:

(1)  a physician;

(2)  an attorney;

(3)  a registered nurse;

(4)  a licensed vocational nurse;

(5)  an occupational therapist;

(6)  a licensed social worker;

(7)  a licensed professional counselor;

(8)  a career counselor;

(9)  a licensed marriage and family therapist; and

(10)  a licensed chemical dependency counselor.

(c)  This chapter does not authorize the practice of medicine as defined by the laws of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.005.  Application Of Sunset Act.

The Texas State Board of Examiners of Psychologists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 1, eff. September 1, 2005.



Subchapter B. Texas State Board Of Examiners Of Psychologists

Section  501.051.  Board Membership.

(a) The Texas State Board of Examiners of Psychologists consists of nine members appointed by the governor with the advice and consent of the senate as follows:

(1)  four psychologist members who have engaged in independent practice, teaching, or research in psychology for at least five years;

(2)  two psychological associate members who have been licensed as psychological associates under this chapter for at least five years; and

(3)  three members who represent the public.

(b)  To ensure adequate representation on the board of the diverse fields of psychology, the governor in making appointments under Subsection (a)(1) shall appoint:

(1)  at least two members who provide psychological services;

(2)  at least one member who conducts research in the field of psychology; and

(3)  at least one member who teaches as a member of the faculty of a psychological training institution.

(c)  Each member of the board must be a citizen of the United States.

(d)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.052.  Eligibility Of Public Members.

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 services;

(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 the board or receiving funds from the board;

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

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 2, eff. September 1, 2005.



Section 501.053.  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 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 3, eff. September 1, 2005.



Section  501.054.  Terms; Vacancy.

(a) Members of the board serve staggered six-year terms, with the terms of three members expiring October 31 of each odd-numbered year.

(b)  A member who is appointed for a term of less than six years may be reappointed to one successive full six-year term. A member who is appointed for a full six-year term may not be reappointed for the six years following the expiration of the member's term.

(c)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.055.  Grounds For Removal.

(a) It is a ground for removal from the board that a member:

(1)  does not have at the time of taking office the qualifications required by Sections 501.051 and 501.052;

(2)  does not maintain during service on the board the qualifications required by Sections 501.051 and 501.052;

(3)  is ineligible for membership under Section 501.053;

(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 board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

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

(c)  If the executive director 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 4, eff. September 1, 2005.



Section  501.056.  Per Diem; Reimbursement.

(a) Each board member is entitled to a per diem set by legislative appropriation for each day the member engages in board business.

(b)  A member may not receive reimbursement for travel expenses, including expenses for meals and lodging. A member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.

(c)  All per diem and reimbursement for expenses authorized by this section shall be paid only from fees collected under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.057.  Officers; Meetings.

(a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. The board shall hold an annual meeting during which the board shall select from its members an assistant presiding officer.

(b)  The board may hold other regular meetings as provided by board rule. The board shall hold meetings at least twice each year. Special meetings may be called as necessary or by a majority of the board members.

(c)  The board shall give reasonable notice of all meetings in the manner provided by board rule.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 5, eff. September 1, 2005.



Section  501.058.  Oath Of Office.

Before entering office, a board member must file with the secretary of state the constitutional oath taken by the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.059.  Training Program For Members.

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b)  The training program must provide the person with information regarding:

(1)  this chapter and the programs, functions, rules, and budget of the board;

(2)   the results of the most recent formal audit of the board;

(3)  the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(4)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c)  A person appointed to the board 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 6, eff. September 1, 2005.



Subchapter C. Executive Director And Other Board Personnel

Section  501.101.  Executive Director.

The board shall employ an executive director, who holds that position at the pleasure of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.102.  Personnel.

The board may employ persons, including investigators, attorneys, consultants, and administrative staff, as necessary or desirable to administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.103.  Division Of Responsibilities.

The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 7, eff. September 1, 2005.



Section  501.104.  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 postings 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. All merit pay for board employees must be based on the system established under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.105.  Equal Employment 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 employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

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

(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;

(3)  procedures by which a determination can be made of significant underuse in the board 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 underuse.

(b)  A policy statement prepared under Subsection (a) must:

(1)  cover an annual period;

(2)  be updated annually;

(3)  be reviewed by the Commission on Human Rights 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 the information received under Subsection (b). The report may be made separately or as part of other biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter D. Board Powers And Duties

Section  501.151.  General Powers And Duties.

(a) The board may adopt rules necessary to perform its duties and regulate its proceedings.

(b)  The board shall adopt an official seal.

(c)  The board shall adopt and publish a code of ethics.

(d)  The board may certify the specialty of health service providers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.152.  Fees.

(a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter.

(b)  The board may not set a fee that existed on September 1, 1993, for an amount less than the amount of that fee on that date.

(c)  Funds to administer this chapter may be paid only from fees collected under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.153.  Fee Increase.

(a) The amount of the following fees is the amount set by the board under Section 501.152 and an additional charge of $200:

(1)  the fee for renewing a license;

(2)  the fee for applying to take the provisional license examination; and

(3)  the fee for renewing a provisional license.

(b)  Of each additional $200 collected, $50 shall be deposited to the credit of the foundation school fund and $150 shall be deposited to the credit of the general revenue fund.

(c)  A psychologist is exempt from this section if the psychological services provided and the psychologist's use of an official title are within the scope of the psychologist's employment as described by Section 501.004(a)(1).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.154.  Annual Listing.

(a) The 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 board requires.

(c)  The 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.251(a), eff. Sept. 1, 2001.



Section  501.155.  Voluntary Guidelines.

(a) The 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 board may not adopt a rule that relates to the administration of an agency that is not subject to this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.156.  Rules Restricting Advertising Or Competitive Bidding.

(a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person.

(b)  The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:

(1)  restricts the person's use of any 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.157.  Board Duties Regarding Complaints.

(a) The board by rule shall:

(1)  adopt a standardized form for filing complaints with the board; and

(2)  prescribe information to be provided when a person files a complaint with the board.

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  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 by the board; or

(4)  otherwise providing psychological services under a license approved by the board.

(b)  On a determination by the board based on the 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 board may request the person to submit to:

(1)  a physical examination by a physician approved by the board; or

(2)  a mental examination by a physician or psychologist approved by the board.

(c)  The board shall issue an order requiring 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 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 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, 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 board's order under this section is governed by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.159.  Annual Report.

(a) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding fiscal year.

(b)  The report must be in the form and reported in the time provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.160.  Use Of Technology.

The board shall implement a policy requiring the use of appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.

Added by Acts 2005, 79th Leg., Ch. 143, Sec. 8, eff. September 1, 2005.



Section 501.161.  Negotiated Rulemaking And Alternative Dispute Resolution.

(a) The board shall develop and implement a policy to encourage the use of:

(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board 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 board's jurisdiction.

(b)  The board'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 board shall designate a trained person to:

(1)  coordinate the implementation of the policy adopted under Subsection (a);

(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch. 143, Sec. 9, eff. September 1, 2005.



Section 501.162.  Development Of Proposed Rules.

(a) This section applies to the process by which the board develops proposed rules before the proposed rules are published in the Texas Register and before the board complies with the rulemaking requirements of the administrative procedure law, Chapter 2001, Government Code.  This section does not affect the duty of the board to comply with the rulemaking requirements of that law.

(b)  The board shall establish methods under which the board, to the extent appropriate, will seek input early in the rule development process from the public and from persons who will be most affected by a proposed rule.  Methods shall include identifying persons who will be most affected and soliciting, at a minimum, the advice and opinions of those persons.

(c)  Methods may include negotiated rulemaking, informal conferences, advisory committees, and any other appropriate method.

(d)  A rule adopted by the board may not be challenged on the grounds that the board did not comply with this section.  If the board was unable to solicit a significant amount of advice and opinion from the public or from affected persons early in the rule development process, the board shall state in writing the reasons why the board was unable to do so.

Added by Acts 2005, 79th Leg., Ch. 143, Sec. 10, eff. September 1, 2005.



Subchapter E. Public Interest Information And Complaint Procedures

Section  501.201.  Public Interest Information.

(a) The board shall prepare information of public interest describing the functions of the board.

(b)  The board shall make the information available to the public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 11, eff. September 1, 2005.



Section  501.202.  Complaints.

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

(1)  on each registration form, application, or written contract for services of a person regulated by the board;

(2)  on a sign prominently displayed in the place of business of each person regulated by the board; or

(3)  in a bill for services provided by a person regulated by the board.

(b)  The board 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 health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.203.  Information About Complaint Actions.

(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to a complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.

(b)  The board shall make information available describing its procedures for complaint investigation and resolution.

(c)  The board shall periodically notify the complaint parties of the status of the complaint until final disposition.

(d)  The board shall analyze complaints filed with the board to identify any trends or issues related to certain violations, including:

(1)  the reason for each complaint;

(2)  how each complaint was resolved; and

(3)  the subject matter of each complaint that was not within the jurisdiction of the board and how the board responded to the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 12, eff. September 1, 2005.



Section  501.204.  General Rules Regarding Complaint Investigation And Disposition.

(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must:

(1)  distinguish between categories of complaints;

(2)  ensure that a complaint is not dismissed without appropriate consideration;

(3)  require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;

(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and

(5)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator.

(b)  The board shall:

(1)  dispose of each complaint in a timely manner; and

(2)  establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the 30th day after the date the complaint is received by the board.

(c)  Each party to the complaint shall be notified of the projected time requirements for pursuing the complaint and notified of any change in the schedule established under Subsection (b)(2) not later than the seventh day after the date the change is made.

(d)  The executive director shall notify the board of a complaint that is not resolved within the time prescribed by the board for resolving complaints so that the board may take necessary action on the complaint.

(e)  The board 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 13, eff. September 1, 2005.



Section  501.205.  Confidentiality Of Complaint Information.

(a) Except as provided by Subsection (b), a complaint and investigation concerning a license holder and all information and materials compiled by the board 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 board in connection with the complaint may be disclosed to:

(1)  the board and board 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 if required by law;

(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 legislative committee or committee staff directed to make an inquiry regarding state hospitals or schools, by either house of the legislature, the presiding officer of either house of the legislature, or the chairman of the legislative committee if the information or records that identify a patient or client are not released for any purpose unless the patient consents and the records are created by the state hospital or school or its employees.

(c)  Unless good cause for delay is shown to the presiding officer at the hearing, the board shall provide the license holder with access to all information that the board intends to offer into evidence at the hearing not later than the 30th day after the date the board 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 board shall protect the identity of any patient whose records are examined in connection with a disciplinary investigation or proceeding against a license holder, except:

(1)  a patient who initiates the disciplinary action; or

(2)  a patient who has submitted a written consent to release the records.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.206.  Public Participation.

(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.

(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.207.  Subpoenas.

(a) In an investigation of a complaint filed with the board, the executive director or presiding officer of the board 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 board, 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 board 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 board shall pay for photocopies subpoenaed under this section a reasonable fee in an amount not to exceed the amount the board 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 board in connection with the investigation of a complaint may be disclosed only as provided by Section 501.205.

Added by Acts 2003, 78th Leg., ch. 648, Sec. 1, eff. June 20, 2003.



Subchapter F. General License Requirements

Section  501.251.  License Required. A P

erson may not engage in or represent that the person is engaged in the practice of psychology unless the person is licensed under this chapter or exempt under Section 501.004.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.252.  Psychologist License Application.

(a) To be licensed under this chapter, a person must apply to the board for a license. The board shall issue a license to an applicant who:

(1)  complies with this section; and

(2)  pays the fee set by the board.

(b)  A person may not be licensed as a psychologist unless the person:

(1)  is provisionally licensed as a psychologist under this chapter; and

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

(c)  For purposes of Subsection (b)(2), experience is supervised only if the experience is supervised by a psychologist in the manner provided by the board's supervision guidelines.

(d)  To determine the acceptability of an applicant's professional experience, the board may require documentary evidence of the quality, scope, and nature of the applicant's experience.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.253.  Provisional License.

(a) The board shall issue a provisional license to an applicant who has:

(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 is entitled to practice psychology under the supervision of a psychologist to meet the requirements for issuance of a license under Section 501.252.  A provisional license holder who is licensed in another state to independently practice psychology and is in good standing in that state 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 board shall adopt rules that apply to provisional license holders identifying:

(1)  the activities that holders may engage in; and

(2)  services that may be provided by holders.

(d)  The board may refuse to renew the provisional license of a person who does not meet the requirements prescribed by Section 501.255.

(e)  The 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).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 14, eff. September 1, 2005.



Section  501.254.  Provisional License Application.

(a) An applicant for examination for a provisional license must:

(1)  apply on forms prescribed by the board; and

(2)  submit the required fee with the application.

(b)  The board may require that the applicant verify the application.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.255.  Provisional License Examination Qualifications.

(a) An applicant may take an examination for a provisional license 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)  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 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 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.256.  Examinations.

(a) The board shall administer to qualified applicants at least annually the oral and written examination required by board rules. The board shall have the written portion of the examination, if any, validated by an independent testing professional.

(b)  The board shall determine the subject and scope of 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 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 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 board shall administer and each applicant must pass the jurisprudence examination before the board may issue a provisional license.

(e)  If requested in writing by a person who fails an examination administered under this chapter, the board shall provide to the person an analysis of the person's performance on the examination.

(f)  On the oral examination administered under this section the board may only assess knowledge of psychological principles and techniques, applicable laws and regulations, and ethical principles.  The board may not assess personal characteristics through the oral examination.

(g)  For purposes of the oral examination, the board shall by rule clearly define the standards used by the board to determine whether a person has demonstrated sufficient entry-level knowledge of the practice of psychology to have passed the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 15, eff. September 1, 2005.



Section 501.2561.  Evaluation Of Oral Examination.

(a) The board by rule shall establish a work group to evaluate the oral examination for the purpose of improving the consistency of the administration and the objectivity of the examination.  The work group must include persons interested in or affected by the regulation of the practice of psychology under this chapter, including faculty members of college or university psychology departments and licensees with varying levels of experience.  The work group shall:

(1)  review audiotapes of passed and failed examinations;

(2)  review analyses of the performance of persons who failed the examination provided under Section 501.256(e);

(3)  assess scoring criteria and clinical scenarios used in the administration of the examination;

(4)  recommend improvements to standardize the administration of the examination; and

(5)  conduct other appropriate tasks.

(b)  Members of the board may not participate in the evaluation of the oral examination but may otherwise participate in the work group.

(c)  The work group shall report biennially to the board the group's recommendations for improving the consistency of the administration and the objectivity of the oral examination.  The board shall modify the oral examination, as necessary, based on the work group's recommendations before the next administration of the oral examination.

Added by Acts 2005, 79th Leg., Ch. 143, Sec. 16, eff. September 1, 2005.



Section  501.257.  Reexamination.

An applicant who fails an examination may be reexamined at intervals specified by the board on payment by the applicant of an examination fee that is equal to the amount of the fee charged to take the examination the applicant failed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.258.  Notification Of Examination Results.

(a) Not later than the 30th day after the date an examination is administered, the board shall notify each examinee of the results of the examination. If an examination is graded or reviewed by a national testing service, the board shall notify examinees of the results of the examination not later than the 14th day after the date the board receives the results from the testing service.

(b)  If the notice of the examination results will be delayed for longer than the 90th day after the examination date, the board shall notify the examinee of the reason for the delay before the 90th day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.259.  Licensing Of Psychological Associate.

(a) The 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 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."

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 17, eff. September 1, 2005.



Section  501.260.  Licensed Specialist In School Psychology.

(a) The 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 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 board and on any other examination required by the board; and

(5)  satisfaction of the requirements, other than the degree requirements, for an applicant to take an examination for a provisional license.

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.261.  Form Of License.

(a) A license issued under this chapter must include the full name of the license holder and a unique number assigned to that license.

(b)  The presiding officer and executive director of the board shall sign the license under the seal of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.262.  Reciprocal License.

The 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.263.  Temporary License.

(a) The 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 board in the form prescribed by the 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 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 board and for the limited purpose approved by the board.

(c)  The board may adopt rules to issue a temporary license to a person who holds a license or the equivalent from another country.

(d)  A temporary license issued under this section is not a vested property right.

(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 board and displayed in every room in which the person provides psychological services.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 18, eff. September 1, 2005.



Section  501.264.  Inactive Status.

(a) A psychologist may place the psychologist's license on inactive status by applying to the board and paying a fee established by the board.

(b)  A psychologist whose license is on inactive status does not accrue a penalty for late payment of the renewal fee for the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter G. License Renewal

Section  501.301.  License Expiration.

(a) A license issued under this chapter 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 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 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.302.  License Renewal.

(a) A person may renew an unexpired license by paying to the board the required renewal fee before the expiration date of the license.

(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the board the required renewal fee and a fee that is equal to half of the amount of the examination fee for the license. A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board all unpaid renewal fees and a fee that is equal to the amount of the examination fee for the license.

(c)  Except as provided by Section 501.303, a person whose license has been expired for one year or more 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.

(d)  Not later than the 30th day before the expiration date of a person's license, the board shall send written notice of the impending expiration to the person at the person's last known address according to the board's records.

(e)  The renewal procedures prescribed by this section apply to renewal of a specialty certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.303.  Renewal Of Expired License By Out-of-state Practitioner.

(a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applied for renewal.

(b)  The person must pay to the board a fee that is equal to the amount of the examination fee for the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.304.  Continuing Education.

(a) The board shall establish a mandatory continuing education program for persons licensed by the board. The board by rule shall establish a minimum number of hours of continuing education required to renew a license under this chapter.

(b)  The board shall identify the key factors for the competent performance by a license holder of the holder's professional duties.

(c)  The board shall:

(1)  by rule develop a process to evaluate and approve continuing education courses; and

(2)  adopt a procedure to assess a license holder's participation in continuing education programs.

(d)  The board may assess the continuing education needs of license holders and require license holders to attend continuing education courses specified by the board.

(e)  The process developed under Subsection (c)(1) may include a process under which the board evaluates and approves appropriate courses for the continuing education program that are developed or approved for license holders by national and state associations that represent license holders, by other mental health professional associations, and by institutions of higher education.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 19, eff. September 1, 2005.



Subchapter I. Disciplinary Procedures

Section  501.401.  Grounds For Disciplinary Action.

The board shall 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 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.402.  Temporary License Suspension.

(a) The board by rule shall adopt procedures for the temporary suspension of a license.

(b)  An executive committee of the board consisting of the presiding officer and two other board members appointed by the presiding officer may temporarily suspend a license if it determines from the evidence or information presented that the continued practice by the license holder constitutes a continuing or imminent threat to the public welfare.

(c)  The board may temporarily suspend a license without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings should be initiated against the license holder is scheduled for a date not later than the 14th day after the date of the suspension.

(d)  A second hearing on the suspended license shall be held not later than the 60th day after the date the suspension is ordered. If the second hearing is not held in the time provided by this subsection, the suspended license is automatically reinstated.

(e)  The board may also temporarily suspend a license on a majority vote.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.403.  Hearing.

A person is entitled to a hearing before the State Office of Administrative Hearings if the board proposes to:

(1)  refuse the person's application for a license;

(2)  suspend or revoke the person's license; or

(3)  reprimand the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.404.  Schedule Of Sanctions.

(a) The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter.  In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.

(b)  In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider whether the person:

(1)  is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or

(2)  has previously been the subject of disciplinary action by the board.

(c)  In the case of a person described by:

(1)  Subsection (b)(1), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a single violation; and

(2)  Subsection (b)(2), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the board.

(d)  The State Office of Administrative Hearings shall use the schedule for any sanction imposed as the result of a hearing conducted by that office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 20, eff. September 1, 2005.



Section  501.405.  Appeal.

An appeal of an action of the board is governed by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.406.  Probation.

If the board probates a license suspension, the board may require the license holder to:

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

(2)  limit the person's practice to the areas prescribed by the board; or

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.407.  Remedial Continuing Education.

The board may require a license holder who violates this chapter to participate in a continuing education program. The 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.408.  Corrective Advertising.

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.409.  Administrative Procedure.

A proceeding to refuse, revoke, or suspend a license or to reprimand a person is governed by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.410.  Rules Governing Informal Proceedings.

(a) The board by rule shall adopt procedures governing:

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

(2)  informal proceedings held to comply with Section 2001.054, Government Code.

(b)  Rules adopted under Subsection (a) must:

(1)  provide the complainant and the license holder an opportunity to be heard;

(2)  require the presence of a member of the board's legal staff, if the board has a legal staff, or, if the board does not have a legal staff, a representative of the attorney general's office to advise the board or board employees; and

(3)  require the presence of at least one public member of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 143, Sec. 21, eff. September 1, 2005.



Subchapter J. Administrative Penalty

Section  501.451.  Imposition Of Administrative Penalty.

The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule or order adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.452.  Amount Of Penalty.

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

(b)  The amount of the penalty shall 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.453.  Report And Notice Of Violation And Penalty.

(a) If the executive director determines that a violation may have occurred, the executive director shall issue to the board a report stating the facts on which the determination is based. The board shall determine whether a violation occurred. If the board determines that a violation occurred, the board shall make a recommendation on the imposition of an administrative penalty, including a recommendation on the amount of any penalty.

(b)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the report to the person on whom the penalty may be imposed. 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 recommended penalty; 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.454.  Penalty To Be Paid Or Hearing Requested.

(a) Not later than the 20th day after the date the person receives the notice, the person may in writing:

(1)  accept the board'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 board's determination and recommended penalty, the board shall issue an order and impose the recommended penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.455.  Hearing.

(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give 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 board a proposal for a decision as to the occurrence of the violation and the amount of any proposed administrative penalty.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.456.  Decision By Board.

(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that:

(1)  a violation occurred and impose an administrative penalty; or

(2)  a violation did not occur.

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.457.  Options Following Decision: Pay Or Appeal.

(a) Not later than the 30th day after the date the board's order becomes final, the person shall:

(1)  pay the administrative penalty;

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

(3)  without paying the penalty, 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, a person who acts under Subsection (a)(3) 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 that is approved by the court and that is:

(i)  for the amount of the penalty; and

(ii)  effective until judicial review of the board's order is final; or

(2)  request the court to stay enforcement of the penalty by:

(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

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

(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director 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 and to give a supersedeas bond.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.458.  Collection Of Penalty.

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.459.  Determination By Court.

(a) If the court finds that a violation has occurred after the court reviews the board's order imposing an administrative penalty, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced penalty.

(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.460.  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 if the penalty is not imposed or order the release of the bond after the person pays the penalty if the person posted a supersedeas bond.

(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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.461.  Administrative Procedure.

A proceeding under this subchapter is subject to Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.462.  Deposit Of Penalty.

An administrative penalty collected under this subchapter shall be deposited in the general revenue fund.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.2515, eff. Sept. 1, 2001.



Subchapter K. Other Penalties And Enforcement Provisions

Section  501.501.  Injunctive Relief.

(a) The board may commence an action in its own name for an injunction to restrain a violation of this chapter.

(b)  The attorney general or a county or district attorney shall represent the board in an action under this section.

(c)  An action for injunctive relief under this section is in addition to another action authorized by law.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.502.  Civil Penalty.

(a) A person who violates this chapter or a rule or order adopted under this chapter is liable to the state for a civil penalty of $1,000 for each day of violation.

(b)  On the board's request, the attorney general shall bring an action to recover a civil penalty under this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.503.  Criminal Penalty.

(a) A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of this chapter.

(b)  An offense under this section is a Class A misdemeanor.

(c)  Each day a violation occurs is a separate offense.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  501.504.  Monitoring Of License Holder.

The board by rule shall develop a system to monitor a license holder's compliance under this chapter. Rules adopted under this section must include procedures to:

(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts; and

(2)  identify and monitor each license holder who represents a risk to the public.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 501.505.  Option To Order Refund.

(a) Under an agreement resulting from an informal settlement conference,  the 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 board may not include an estimation of other damages or harm in a refund order.

Added by Acts 2005, 79th Leg., Ch. 143, Sec. 22, eff. September 1, 2005.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox