bill rewrites licensing for marriage and family therapists

The text as introduced · 1,336 words

By: Romero
H.B. No. 5421

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain occupations by the Texas

Behavioral Health Executive Council, including the licensing of

marriage and family therapists, marriage and family therapist

associates, professional counselors, professional counselor

associates, and social workers; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 502.151 and 502.1515, Occupations Code,

are amended to read as follows:

Sec. 502.151. GENERAL POWERS AND DUTIES OF EXECUTIVE

COUNCIL. Except as otherwise provided by this chapter, the [ The ]

executive council shall:

(1) determine the qualifications and fitness of a

license applicant under this chapter; and

(2) adopt a code of professional ethics for license

holders.

Sec. 502.1515. BOARD DUTIES. Except as otherwise provided

by this chapter, the [ The ] board shall propose to the executive

council:

(1) rules regarding:

(A) the qualifications necessary to obtain a

license, including rules limiting an applicant's eligibility for a

license based on the applicant's criminal history;

(B) the scope of practice of and standards of

care and ethical practice for marriage and family therapy; and

(C) continuing education requirements for

license holders; and

(2) a schedule of sanctions for violations of this

chapter or rules adopted under this chapter.

SECTION 2. Sections 502.252(b) and (c), Occupations Code,

are amended to read as follows:

(b) To qualify for a license as a licensed marriage and

family therapist associate, a person must:

(1) be at least 18 years of age;

(2) have completed a graduate internship in marriage

and family therapy, or an equivalent internship, as approved by the

board [ executive council ];

(3) pay the examination fee and pass the license

examination and jurisprudence examination determined by the board;

(4) hold a master's or doctoral degree in marriage and

family therapy or in a related mental health field with coursework

and training determined by the board [ executive council } to be

substantially equivalent to a graduate degree in marriage and

family therapy from a regionally accredited institution of higher

education or an institution of higher education approved by the

executive council;

(5) [ have not been convicted of a felony or a crime

involving moral turpitude ];

[ (6) ] not use drugs or alcohol to an extent that

affects the applicant's professional competency;

(6) [( 7 )] not have had a license or certification

revoked by a licensing agency or by a certifying professional

organization; and

(7) [ (8 )] not have engaged in fraud or deceit in

applying for a license under this chapter.

(c) An applicant is eligible to apply for a license as a

licensed marriage and family therapist if the person:

(1) meets the requirements of Subsection (b);

(2) [ after receipt of a degree described by Subsection

(b)(4), ] has completed [ two years of ] work experience in marriage

and family therapist services that includes the number of hours [ at

least 3,000 hours of clinical practice consisting of at least 1,500

hours of direct clinical services, including a minimum number of

hours ] providing [ direct ] clinical services to individuals,

couples , or families as required by the executive council [ rule ];

and

(3) has completed, in a manner acceptable to the

executive council, [ at least 200 hours of ] supervised provision of

direct clinical services by the applicant for the number of hours as

determined by the executive council , [ 100 hours of ] which must be

supervised by an approved supervisor as prescribed by the executive

council [ on an individual basis ].

SECTION 3. Section 502.2545 (a) and (b), Occupations Code,

is amended to read as follows:

Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN

APPLICANTS. (a) The executive council may waive the requirement

that an applicant for a license as a licensed marriage and family

therapist pass the examination required by Section 502.254 if the

applicant[:

[(1) is a provisional license holder under Section

502.259 and the executive council determines that the applicant

possesses sufficient education and professional experience to

receive a license without further examination; or ]

[ (2 )] holds a license issued by another licensing

agency in a profession related to the practice of marriage and

family therapy and the executive council determines that the

applicant possesses sufficient education and professional

experience to receive a license without satisfying the examination

requirements of this chapter.

(b) The executive council may adopt rules necessary to

administer this section, including rules [ under Subsection (a)(2) ]

prescribing the professions that are related to the practice of

marriage and family therapy.

SECTION 4. The heading to Section 502.259, Occupations

Code, is amended to read as follows:

Sec. 502.259. APPLICANTS LICENSED OUT OF STATE [ PROVISIONAL

LICENSE ].

SECTION 5. Sections 502.259(a) and (b), Occupations Code,

are amended to read as follows:

(a) The executive council may grant a [ provisional ] license

to practice as a marriage and family therapist in this state

[ without examination ] to an applicant who is licensed or otherwise

registered as a marriage and family therapist by another state or

jurisdiction [ if the requirements to be licensed or registered in

the other state or jurisdiction were, on the date the person was

licensed or registered, substantially equal to the requirements of

this chapter ].

(b) An applicant for a [ provisional ] license under this

section must:

(1) be licensed in good standing to independently

practice as a marriage and family therapist in another state or

jurisdiction [ that has licensing requirements that are

substantially equal to the requirements of this chapter ];

(2) meet the requirements of Section 502.252(b) [ have

passed a national or other examination that:

[(A) is recognized by the executive council; and

[(B) relates to marriage and family therapy];

and ]

(3) file an application with the appropriate fee in

the form and manner prescribed [ be sponsored by a person licensed ]

by the executive council [ with whom the provisional license holder

may practice under this section ].

SECTION 6. Section 502.301(a), Occupations Code, is amended

to read as follows:

(a) A marriage and family therapist license issued under

this chapter is subject to [ biennial ] renewal. The executive

council shall adopt a system under which licenses expire on various

dates during the year.

SECTION 7. Subchapter F, Chapter 507, Occupations Code, is

amended by adding Section 507.260 to read as follows:

Sec. 507.260. RECIPROCAL LICENSE. The executive council

may enter into and implement agreements with other jurisdictions

for the issuance of a license under Chapter 501, 502, 503, or 505 by

reciprocity if the other jurisdiction's requirements for

licensing, certification, or registration are substantially equal

to the requirements of the applicable chapter.

SECTION 8. The following provisions are repealed:

(1) Section 501.262, Occupations Code;

(2) Section 502.254(b), Occupations Code; and

(3) Sections 502.259(c), (d), and (e), Occupations

Code.

SECTION 9. (a) Chapter 502, Occupations Code, as amended by

this Act, applies only to an application for a license under that

chapter filed with the Texas Behavioral Health Executive Council on

or after the effective date of this Act. An application for a

license filed before the effective date of this Act is governed by

the law in effect on the date the application was filed, and the

former law is continued in effect for that purpose.

(b) Section 502.301(a), Occupations Code, as amended by

this Act, applies to a license that expires on or after the

effective date of this Act. A license that expires before that date

is governed by the law in effect on the date the license expired,

and the former law is continued in effect for that purpose.

SECTION 10. 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, 2025.