reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.103. Eligibility of Public Members

Sec. 503.103.  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 care;
(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 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 receiving funds from the board; or
(C)  uses or receives a substantial amount of 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. 561 (H.B. 1283), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.104. Membership Restrictions

Sec. 503.104.  MEMBERSHIP 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 if:
(1)  the person is an officer, employee, manager, or paid consultant of a Texas trade association in the field of health care; 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 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. 561 (H.B. 1283), Sec. 5, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.056, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.057, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.105. Terms

Sec. 503.105.  TERMS.  Board members serve staggered six-year terms with the terms of three members expiring on February 1 of each odd-numbered year.  In making an appointment to the board, the governor shall specify which member the new appointee succeeds.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.106. Officers

Sec. 503.106.  OFFICERS.  (a)  The governor shall designate a member of the board as presiding officer.  The presiding officer serves in that capacity at the will of the governor.
(b)  The board shall elect an assistant presiding officer to serve as provided by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.107. Grounds for Removal

Sec. 503.107.  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 Section 503.102;
(2)  does not maintain during the service on the board the qualifications required by Section 503.102;
(3)  is ineligible for membership under Section 503.103 or 503.104;
(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 member of the board exists.
(c)  If the executive director of the executive council 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 attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.260(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 6, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.058, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.108. Reimbursement

Sec. 503.108.   REIMBURSEMENT.  A board member may receive reimbursement for expenses as provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.109. Meetings

Sec. 503.109.  MEETINGS.  The board shall hold at least two regular meetings each year as provided by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.110. Training

Sec. 503.110.  TRAINING.  (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 until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  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.
(d)  The executive director of the executive council shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 25(2), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.059, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter C. Texas State Board of Examiners of Professional Counselors › Section 503.111. Official Oath

Sec. 503.111.  OFFICIAL OATH.  Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter E. Powers and Duties › Section 503.201. General Powers and Duties of Executive Council

Sec. 503.201.  GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.  (a)  The executive council shall:
(1)  determine the qualifications and fitness of an applicant for a license, license renewal, or provisional license;
(2)  examine for, deny, approve, issue, revoke, suspend, suspend on an emergency basis, place on probation, and renew the license of an applicant or license holder under this chapter;
(3)  adopt and publish a code of ethics; and
(4)  by rule adopt a list of authorized counseling methods or practices that a license holder may undertake or perform.
(b)  The executive council may request and shall receive the assistance of a state educational institution or other state agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.061, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter E. Powers and Duties › Section 503.2015. Board Duties

Sec. 503.2015.  BOARD DUTIES.  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 professional counseling; 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.062, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter E. Powers and Duties › Section 503.208. Competent Performance of Professional Duties

Sec. 503.208.  COMPETENT PERFORMANCE OF PROFESSIONAL DUTIES.  The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.301. License Required

Sec. 503.301.  LICENSE REQUIRED.  A person may not engage in the practice of professional counseling unless the person is:
(1)  licensed under this chapter;  or
(2)  exempt from this chapter under Subchapter B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.302. Qualifications for License

Sec. 503.302.  QUALIFICATIONS FOR LICENSE.  (a)  A person qualifies for a license under this chapter if the person:
(1)  is at least 18 years old;
(2)  has a master's or doctoral degree in counseling or a related field;
(3)  has successfully completed a graduate degree at a regionally accredited institution of higher education and the number of graduate semester hours required by executive council rule, which may not be less than 48 hours and must include 300 clock hours of supervised practicum that:
(A)  is primarily counseling in nature; and
(B)  meets the specific academic course content and training standards established by the executive council;
(4)  has completed the number of supervised experience hours required by executive council rule, which may not be less than 3,000 hours working in a counseling setting that meets the requirements established by the executive council after the completion of the graduate program described by Subdivision (3);
(5)  passes the license examination and jurisprudence examination required by this chapter;
(6)  submits an application as required by the executive council, accompanied by the required application fee; and
(7)  meets any other requirement prescribed by the executive council.
(b)  In establishing the standards described by Subsection (a)(3)(B), the executive council shall review and consider the standards as developed by the appropriate professional association.
(c)  The executive council may require the statements on a license application to be made under oath.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.263(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 15, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 25(3), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.063, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.3025. Experience Required to Act as Supervisor

Sec. 503.3025.  EXPERIENCE REQUIRED TO ACT AS SUPERVISOR.  The executive council shall allow a license holder who has practiced as a licensed counselor in another state to count that out-of-state experience toward any experience that the license holder is required by executive council rule to obtain to act as a supervisor under this chapter if the executive council determines that the other state has license requirements substantially equivalent to the requirements of this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.064, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.303. Specialization in Art Therapy

Sec. 503.303.  SPECIALIZATION IN ART THERAPY.  (a)  A person qualifies for a license as a professional counselor with a specialization in art therapy if the person:
(1)  meets the requirements for a license under Section 503.302;
(2)  holds:
(A)  a master's or doctoral degree in art therapy that includes at least 700 hours of supervised practicum from an accredited institution;  or
(B)  a master's degree in a counseling-related field if the person has completed at least:
(i)  21 semester hours of sequential course work in the history, theory, and practice of art therapy;  and
(ii)  700 hours of supervised practicum from an accredited institution;
(3)  completes the following postgraduate experience in addition to the requirements of Subdivision (2) under the supervision of a licensed professional counselor with a specialization in art therapy:
(A)  at least 1,000 client contact hours, if the applicant holds a degree described by Subdivision (2)(A);  or
(B)  at least 2,000 client contact hours, if the applicant holds a degree described by Subdivision (2)(B);  and
(4)  demonstrates successful completion of the national Certification Examination in Art Therapy of the Art Therapy Credentials Board.
(b)  The executive council shall accept an individual course from an art therapy program accredited through the American Art Therapy Association as satisfying the education requirements under Section 503.302(a)(3) if at least 75 percent of the course content is substantially equivalent to the content of a course required by executive council rule.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 561, Sec. 25(4), eff. September 1, 2005.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 25(4), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.065, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.304. Review of Application

Sec. 503.304.  REVIEW OF APPLICATION.  (a)  Not later than the 30th day before the examination date, after investigation of a license application and review of other evidence submitted, the executive council shall notify the applicant that the application and evidence submitted are:
(1)  satisfactory and accepted; or
(2)  unsatisfactory and rejected.
(b)  If the executive council rejects an application, the executive council shall state in the notice the reasons for the rejection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.066, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.305. License Examination

Sec. 503.305.  LICENSE EXAMINATION.  (a)  The executive council shall administer examinations to determine the competence of qualified applicants at least twice each calendar year.
(b)  The executive council shall contract with a nationally recognized testing organization to develop and administer a written professional counselor licensing examination to applicants who apply for a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 16, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 25(5), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.067, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.3055. Jurisprudence Examination

Sec. 503.3055.  JURISPRUDENCE EXAMINATION.  (a)  The board shall develop a jurisprudence examination to determine an applicant's knowledge of this chapter, executive council rules, and any other applicable laws of this state affecting the applicant's professional counseling practice.  The executive council shall administer the examination at least twice each calendar year.
(b)  The executive council shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.
Added by Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.068, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.308. Temporary License

Sec. 503.308.  TEMPORARY LICENSE.  (a)  The executive council by rule may provide for the issuance of a temporary license.  Rules adopted under this subsection must provide a time limit for the period a temporary license is valid.
(b)  The executive council by rule may adopt a system under which a temporary license may be issued to a person who:
(1)  meets all of the academic requirements for licensing; and
(2)  enters into a supervisory agreement with a supervisor approved by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.069, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.310. Provisional License

Sec. 503.310.  PROVISIONAL LICENSE.  (a)  On application and payment of applicable fees, the executive council may issue a provisional license to a person who holds a license as a counselor or art therapist issued by another state or by a jurisdiction acceptable to the executive council.
(b)  An applicant for a provisional license must:
(1)  be licensed in good standing as a counselor or art therapist in another state, territory, or jurisdiction that has licensing requirements substantially equivalent to the requirements of this chapter;
(2)  have passed the required license examination;  and
(3)  be sponsored by a person licensed under this chapter with whom the applicant may practice under a provisional license.
(c)  An applicant is not required to comply with Subsection (b)(3) if the executive council determines that compliance with that subsection is a hardship to the applicant.
(d)  A provisional license is valid until the date the executive council approves or denies the provisional license holder's application for a license under Section 503.311.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 19, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.070, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.311. Issuance of License to Provisional License Holder

Sec. 503.311.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.  (a)  The executive council shall issue a license to the holder of a provisional license who applies for a license if:
(1)  the executive council verifies that the applicant has the academic and experience requirements for a regular license under this chapter; and
(2)  the applicant satisfies any other license requirements under this chapter.
(b)  The executive council must complete the processing of a provisional license holder's application for a license not later than the later of:
(1)  the 180th day after the date the provisional license is issued; or
(2)  the date licenses are issued following completion of the next licensing and jurisprudence examinations.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.071, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.312. Inactive Status

Sec. 503.312.  INACTIVE STATUS.  (a)  On request of a person licensed under this chapter, the executive council shall place the person's license on inactive status.
(b)  A person whose license is inactive:
(1)  foregoes the licensing rights granted under this chapter;  and
(2)  is not required to pay a license renewal fee or any penalty fee.
(c)  A person whose license is inactive may apply to reactivate the license.  The executive council shall reactivate the license if the applicant:
(1)  pays a license fee;
(2)  is not in violation of this chapter when the applicant applies to reactivate the license; and
(3)  fulfills the requirements provided by executive council rule for the holder of an inactive license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.072, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.313. Retirement Status

Sec. 503.313.  RETIREMENT STATUS.  The executive council by rule may adopt a system for placing a person licensed under this chapter on retirement status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.073, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter G. License Requirements › Section 503.314. Display and Surrender of License Certificate

Sec. 503.314.  DISPLAY AND SURRENDER OF LICENSE CERTIFICATE.  (a)  A person licensed under this chapter shall display the person's license certificate in an appropriate and public manner.
(b)  A license certificate issued by the executive council is the property of the executive council and must be surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.074, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter H. License Renewal › Section 503.351. Renewal; Eligibility

Sec. 503.351.  RENEWAL; ELIGIBILITY.  A person licensed under this chapter may renew the license biennially if the person:
(1)  is not in violation of this chapter when the person applies for renewal; and
(2)  fulfills the continuing education requirements established by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 20, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.075, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter H. License Renewal › Section 503.352. License Expiration Date

Sec. 503.352.  LICENSE EXPIRATION DATE.  The executive council shall adopt a system under which licenses expire on various dates during the year.  On renewal of the license on the expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.264(a), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.076, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter H. License Renewal › Section 503.353. Notice of License Expiration

Sec. 503.353.  NOTICE OF LICENSE EXPIRATION.  Not later than the 30th day before the expiration date of a person's license, the executive council shall send written notice of the impending license expiration to the person at the person's last known address according to the executive council's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.077, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter I. Disciplinary Actions › Section 503.401. Disciplinary Actions

Sec. 503.401.  DISCIPLINARY ACTIONS.  (a)  A person licensed under this chapter is subject to disciplinary action under Subchapter G, Chapter 507, if the person:
(1)  violates this chapter or a rule or code of ethics adopted under this chapter;
(2)  commits an act for which the license holder would be liable under Chapter 81, Civil Practice and Remedies Code;
(3)  is legally committed to an institution because of mental incompetence from any cause; or
(4)  directly or indirectly offers to pay or agrees to accept remuneration to or from any person for securing or soliciting a patient or patronage.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(80), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(80), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(80), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.079, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(80), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter I. Disciplinary Actions › Section 503.407. Refund

Sec. 503.407.  REFUND.  (a)  Subject to Subsection (b), the executive council may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Subchapter H, Chapter 507.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The executive council may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 22, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.080, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter J. Penalties and Enforcement Provisions › Section 503.452. Criminal Offenses

Sec. 503.452.  CRIMINAL OFFENSES.  (a)  A person commits an offense if the person knowingly:
(1)  engages in the practice of professional counseling without holding a license under this chapter;
(2)  represents the person by the title "Licensed Professional Counselor" or "Licensed Counselor" without holding a license under this chapter;
(3)  represents the person by the title "Licensed Professional Counselor -- Art Therapist," "Art Therapist," or by the initials "L.P.C. -- A.T." or "A.T." without:
(A)  holding a license with a specialization in art therapy under Section 503.303;  or
(B)  holding a license under Section 503.309;  or
(4)  uses any title, words, letters, or abbreviations that imply that the person is licensed under this chapter if the person is not licensed under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 503 - Licensed Professional Counselors › Subchapter J. Penalties and Enforcement Provisions › Section 503.453. Report of Alleged Offense

Sec. 503.453.  REPORT OF ALLEGED OFFENSE.  The executive council shall notify the appropriate prosecuting attorney of an alleged offense committed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.081, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter A. General Provisions › Section 504.001. Definitions

Sec. 504.001.  DEFINITIONS.  In this chapter:
(1)  "Certified clinical supervisor" means a person certified in accordance with Section 504.1521.
(2)  "Chemical dependency counseling" means assisting an individual or group to:
(A)  develop an understanding of chemical dependency problems;
(B)  define goals; and
(C)  plan action reflecting the individual's or group's interest, abilities, and needs as affected by claimed or indicated chemical dependency problems.
(3)  "Chemical dependency counselor" means a person licensed under this chapter.
(4)  "Clinical training institution" means a person registered with the department in accordance with Section 504.1521 to supervise a counselor intern.
(5)  "Commissioner" means the commissioner of state health services.
(6)  "Counselor intern" means a person registered with the department in accordance with Section 504.1515.
(7)  "Department" means the Department of State Health Services.
(8)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(9)  "Peer assistance program" means a program approved by the department under Section 504.057.
(10)  "Person" means an individual, corporation, partnership, association, or other business or professional entity.
(11)  "Practice of chemical dependency counseling" means providing or offering to provide chemical dependency counseling services involving the application of the principles, methods, and procedures of the chemical dependency counseling profession.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter A. General Provisions › Section 504.002. Exemptions; Applicability

Sec. 504.002.  EXEMPTIONS;  APPLICABILITY.  (a)  A person is exempt from this chapter if the person does not:
(1)  directly or indirectly represent to the public that the person is licensed under this chapter;  and
(2)  use any name, title, or designation indicating that the person is licensed under this chapter.
(b)  This chapter does not apply to an activity or service of a person who:
(1)  is employed as a counselor by a federal institution and is providing chemical dependency counseling within the scope of the person's employment;
(2)  except as provided by Section 504.1515, is a student, intern, or trainee pursuing a supervised course of study in counseling at a regionally accredited institution of higher education or training institution, if the person:
(A)  is designated as a "counselor intern"; and
(B)  is engaging in the activity or providing the service as part of the course of study;
(3)  is not a resident of this state, if the person:
(A)  engages in the activity or provides the service in this state for not more than 30 days during any year; and
(B)  is authorized to engage in the activity or provide the service under the law of the state of the person's residence;
(4)  is a licensed physician, psychologist, professional counselor, or social worker;
(5)  is a religious leader of a congregation providing pastoral chemical dependency counseling within the scope of the person's duties;
(6)  is working for or providing counseling with a program exempt under Subchapter C, Chapter 464, Health and Safety Code;
(7)  is a school counselor certified by the State Board for Educator Certification; or
(8)  provides chemical dependency counseling through a program or in a facility that receives funding from the Texas Department of Criminal Justice and who is credentialed as:
(A)  a certified criminal justice addictions professional by the International Certification and Reciprocity Consortium; or
(B)  having certified criminal justice professional applicant status issued by the Texas Certification Board of Addiction Professionals.
(c)  A person exempt under this section who obtains a license under this chapter is subject to this chapter to the same extent as any other person who obtains a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 564 (H.B. 3145), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.051. General Powers and Duties of Executive Commissioner

Sec. 504.051.  GENERAL POWERS AND DUTIES OF EXECUTIVE COMMISSIONER.  The executive commissioner shall:
(1)  adopt rules as necessary for the performance of its duties under this chapter;
(2)  establish standards of conduct and ethics for persons licensed under this chapter; and
(3)  establish any additional criteria for peer assistance programs for chemical dependency counselors that the executive commissioner determines necessary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.0515. General Powers and Duties of Department

Sec. 504.0515.  GENERAL POWERS AND DUTIES OF DEPARTMENT.  The department shall:
(1)  enforce rules as necessary for the performance of its duties under this chapter; and
(2)  ensure strict compliance with and enforcement of this chapter.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.052. Discrimination Prohibited

Sec. 504.052.  DISCRIMINATION PROHIBITED.  In taking an action or making a decision under this chapter, the executive commissioner, commissioner, and department shall do so without regard to the sex, race, religion, national origin, color, or political affiliation of the person affected.  For purposes of this section, taking an action or making a decision under this chapter includes:
(1)  considering a license application;
(2)  conducting an examination;
(3)  adopting or enforcing a rule; and
(4)  conducting a disciplinary proceeding.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.053. Fees; Account

Sec. 504.053.  FEES; ACCOUNT.  (a)  The executive commissioner by rule shall set application, examination, license renewal, and other fees in amounts sufficient to cover the costs of administering this chapter.  The fees for the issuance or renewal of a license under this chapter shall be set in amounts designed to allow the department to recover from the license holders all of the direct and indirect costs to the department in administering and enforcing this chapter.
(b)  General revenue taxes may not be used to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.108, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.054. Collection Action

Sec. 504.054.  COLLECTION ACTION.  A district court in Travis County has exclusive jurisdiction of an action to collect an obligation owed to the department, including an administrative penalty assessed under Subchapter G.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.055. Official Roster

Sec. 504.055.  OFFICIAL ROSTER.  (a)  The department may prepare and publish a roster showing the name and address, as reflected by the department's records, of each chemical dependency counselor.
(b)  If the department publishes a roster under this section, the department shall mail a copy of the roster to each person licensed by the department and shall file a copy of the roster with the secretary of state.
(c)  A person's name and address may appear in the roster only if each fee assessed against the person under this chapter is current and paid in full at the time the roster is sent to the printer or publisher.
(d)  The department may charge a fee in an amount set by the executive commissioner by rule for the roster published under this section.
(e)  The department may not include the home address of a person licensed by the department in a roster the department publishes on the department's Internet website unless the person requests that the person's home address appear in the roster on the website.  A request under this subsection must be made in the manner prescribed by the department.
(f)  The home address of a person licensed under this chapter that is included in a roster the department prepares under this section is public information and is not excepted from required disclosure under Chapter 552, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.109, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 91 (H.B. 125), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.056. Rules Restricting Advertising or Competitive Bidding

Sec. 504.056.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The executive commissioner may not adopt a rule restricting advertising or competitive bidding by a person regulated by the department under this chapter except to prohibit a false, misleading, or deceptive practice.
(b)  The executive commissioner may not include in rules adopted under this chapter 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 person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.057. Approval of Peer Assistance Programs

Sec. 504.057.  APPROVAL OF PEER ASSISTANCE PROGRAMS.  (a)  The department shall approve one or more peer assistance programs established by the department or a professional association in accordance with Chapter 467, Health and Safety Code, from which persons licensed under this chapter may seek assistance.
(b)  The department shall approve a peer assistance program that:
(1)  meets the minimum criteria established by the executive commissioner or department under Chapter 467, Health and Safety Code;
(2)  meets any additional criteria established by the executive commissioner or department for chemical dependency counselors licensed under this chapter; and
(3)  is designed to assist a chemical dependency counselor whose ability to perform a professional service is impaired by abuse of or dependency on drugs or alcohol.
(c)  The department shall maintain a list of approved peer assistance programs for licensed chemical dependency counselors on the department's Internet website.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 504 - Chemical Dependency Counselors › Subchapter B. Powers and Duties of Executive Commissioner and Department › Section 504.058. Funding for Chemical Dependency Counselor Programs

Sec. 504.058.  FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR PROGRAMS.  (a)  The executive commissioner shall add a surcharge of not more than $10 to the license or license renewal fee for a license under this chapter to fund approved peer assistance programs for chemical dependency counselors.  Money collected from the surcharge shall be remitted to the comptroller for deposit to the credit of the chemical dependency counselor account.  The chemical dependency counselor account is an account in the general revenue fund.
(b)  Subject to the General Appropriations Act, the department may use the money from the surcharge collected under this section and deposited in the chemical dependency counselor account only to fund approved peer assistance programs and to pay the administrative costs incurred by the department that are related to the programs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 564 (H.B. 3145), Sec. 3, eff. June 17, 2011.