HBA-PDH, JRA C.S.S.B. 413 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 413
By: Madla
Public Health
3/29/1999
Committee Report (Substituted)



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. C.S.S.B. 413 requires
marriage and family therapists to complete 3,000 hours of supervised
clinical practice to qualify for a license.  C.S.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 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.  Provides that
these hours must be supervised in a manner acceptable to the board,
including at least 200 hours of supervised 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 license
to pass an examination determined 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 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.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 3 to delete the proposed
requirement that a person hold a license as a marriage and family therapist
associate to be eligible for a marriage and family therapist license.
Makes conforming and nonsubstantive changes. 

The substitute modifies the original in SECTION 5 to make nonsubstantive
changes. 

The substitute modifies the original in SECTION 7 to authorize the board to
waive the examination requirement for an applicant who holds a license
issued by another licensing agency, whether or not the agency is in this
state.