PDH S.B. 413 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 413 By: Madla Public Health 3-23-1999 Engrossed BACKGROUND AND PURPOSE Currently, marriage and family therapists are required by law to complete 1,000 hours of supervised clinical practice after receiving their graduate degree in order to qualify for a license. However, many HMOs require 3,000 supervised clinical hours for therapists to qualify to be included on their provider panels. This may limit a marriage and family therapist's ability to be selected as a provider for insurance plans. S.B. 413 requires marriage and family therapists to complete 3,000 hours of supervised clinical practice to qualify for a license. S.B. 413 also defines and sets forth licensing requirements for a marriage and family therapist associate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Examiners of Marriage and Family Therapists in SECTION 7 (Section 22A, Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act)) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), by adding Subdivision (6), as follows: (6) Defines "licensed marriage and family therapist associate" as an individual who offers to provide marriage and family therapy for compensation under the supervision of a individual approved by the Texas State Board of Examiners of Marriage and Family Therapists (board). SECTION 2. Amends Section 15(b), Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), to prohibit a person not licensed under this Act from using the title "Licensed Marriage and Family Therapist Associate." SECTION 3. Amends Section 17, Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), as follows: Sec. 17. LICENSE APPLICATION. (a) Makes a conforming change. (b) Provides that a person is eligible for a marriage and family therapist associate license if the person has completed a graduate internship in marriage and family therapy, or an equivalent internship, as approved by the board and has passed an examination determined by the board, in addition to meeting other requirements. Redesignates existing Subsections (2)-(8) to (4)-(9). Makes conforming changes. (c) Requires an applicant for marriage and family therapist associate license, rather than an applicant who is not asking the board to waive the examination requirement, to file an application at least 90 days prior to taking the examination. (d) Provides that a person is eligible for a marriage and family therapist license if the person holds a license as a marriage and family therapist associate, is of good moral character, has not been convicted of a felony or a crime involving moral turpitude, does not use drugs or alcohol to an extent that affects professional competency, has not had a license or certification revoked, has not been guilty of fraud or deceit in making the application, and completes two years of work experience in marriage and family therapist services that includes at least 3,000, rather than 1,000, hours of clinical practice in certain areas. (e) Provides that the above clinical hours must be supervised in a manner acceptable to the board, including at least 200 hours of supervision of the provision of direct clinical services by the applicant of which at least 100 hours must be supervised on an individual basis. SECTION 4. Amends Section 18, Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), as follows: Sec. 18. APPLICATION REVIEW. Requires the board to notify each applicant as to whether the application has been accepted or rejected within 90 days of the receipt of a completed application for a marriage and family therapist associate license, rather than at least 30 days before the examination. Provides that an applicant for a marriage and family therapist associate is eligible to take the examination if the applicant is enrolled in or has completed an appropriate graduate internship and provides proof to the board of good standing in an appropriate graduate degree program. Deletes language relating to a person seeking licensure without examination. Redesignates existing Subsection (e) to (d). SECTION 5. Amends Section 19(a), Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), to require each applicant for a marriage and family therapist associate license to pass an examination prescribed by the board. Deletes language relating to an exemption from the examination requirement. SECTION 6. Amends Section 20(a), Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), to make a conforming change. SECTION 7. Amends Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), by adding Section 22A, as follows: Sec. 22A. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS. (a) Authorizes the board to waive the examination requirement for an applicant who is a provisional license holder and who is determined by the board to have sufficient education and professional experience or for an applicant who holds a license issued by another licensing agency in this state in a related profession and who is determined by the board to have sufficient education and professional experience. (b) Authorizes the board to adopt rules necessary to administer this section, including rules prescribing the professions that are related to the practice of marriage and family therapy. SECTION 8. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 9. Emergency clause.