TITLE: Relating to the exemption of certain persons from licensure as a professional counselor or social worker.

SUMMARY: Relating to the exemption of certain persons from licensure as a professional counselor or social worker.

FULL TEXT:
AN ACT relating to the exemption of certain persons from licensure as a professional counselor or social worker. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 503.056, Occupations Code, is amended to read as follows: Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR CHARITY. This chapter does not apply to an activity, service, title, or description of a person who [is employed as a professional by or who] volunteers [in the practice of counseling] for a public or private nonprofit organization or charity that provides counseling services if the person: (1) is accountable to a licensed mental health professional employed by the [person's sponsoring] organization or charity;and (2) does not use the title or hold the person out to be a licensed counselor. SECTION 2. Section 505.003(a), Occupations Code, is amended to read as follows: (a) This chapter does not apply to: (1) an activity conducted or a service performed by a person who is licensed, certified, or registered in a profession other than social work, including a physician, attorney, registered nurse, licensed vocational nurse, psychologist, occupational therapist, licensed marriage and family therapist, licensed chemical dependency counselor, or licensed professional counselor, if: (A) the activity or service is conducted or performed within the scope of the person's license, certificate, or registration; (B) the person does not use a title listed in Section 505.351; and (C) the person does not: (i) represent the service as social work; (ii) represent that the person is a social worker; or (iii) use a title that implies that the person is licensed in social work; (2) [a service performed by a person as a volunteer or staff member if the person does not: [(A) represent the service as social work; [(B) represent the person as a social worker; or [(C) use a title that implies that the person is licensed in social work; [(3)] an activity conducted by a social work student, intern, or trainee in connection with an institution of higher education accredited by the Council on Social Work Education; or (3) [(4)] an activity conducted or a service performed by a pastoral care counselor who is acting within the person's ministerial capabilities and who does not use a title that implies that the counselor is licensed in social work, including: (A) a Christian Science practitioner who is recognized by the Church of Christ Scientist as registered and published in the Christian Science Journal; and (B) any other recognized religious practitioner. SECTION 3. Sections 503.051 and 505.003(b), Occupations Code, are repealed. SECTION 4. This Act takes effect September 1, 2015.