reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter A. General Provisions › Section 501.004. Applicability

Sec. 501.004.  APPLICABILITY.  (a)  This chapter does not apply to:
(1)  the activity or service of a person, or the use of an official title by the person, who is employed as a psychologist or psychological associate by a regionally accredited institution of higher education if the person performs duties the person is employed by the institution to perform within the confines of the institution;
(2)  the activity or service of a student, intern, or resident in psychology if:
(A)  the person is pursuing a course of study to prepare for the profession of psychology under qualified supervision in a recognized training institution or facility;
(B)  the activity or service is part of the person's supervised course of study; and
(C)  the person is designated as a "psychological intern," as a "psychological trainee," or by another title that clearly indicates the person's training status;
(3)  the activity or service of a licensed professional, other than a person licensed under this chapter, if:
(A)  the activity or service is permitted under the person's license; and
(B)  the person does not represent that the person is a psychologist or describe the service provided by using the term "psychological";
(4)  the activity or service of a recognized member of the clergy who is acting within the person's ministerial capabilities if the person does not:
(A)  represent that the person is a psychologist; or
(B)  describe the service provided by using the term "psychological";
(5)  the voluntary activity or service of a person employed by or working on behalf of a charitable nonprofit organization if the person does not:
(A)  represent that the person is a psychologist; or
(B)  describe the service provided by using the term "psychological"; or
(6)  the activity or service of a person who is employed by a governmental agency if the person:
(A)  performs duties the person is employed by the agency to perform within the confines of the agency; and
(B)  does not represent that the person is a psychologist.
(b)  For purposes of Subsection (a)(3), a licensed professional includes:
(1)  a physician;
(2)  an attorney;
(3)  a registered nurse;
(4)  a licensed vocational nurse;
(5)  an occupational therapist;
(6)  a licensed social worker;
(7)  a licensed professional counselor;
(8)  a career counselor;
(9)  a licensed marriage and family therapist;  and
(10)  a licensed chemical dependency counselor.
(c)  This chapter does not authorize the practice of medicine as defined by the laws of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 883 (H.B. 807), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.051. Board Membership

Sec. 501.051.  BOARD MEMBERSHIP.  (a)  The Texas State Board of Examiners of Psychologists consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  four psychologist members who have engaged in independent practice, teaching, or research in psychology for at least five years;
(2)  two psychological associate members who have been licensed as psychological associates under this chapter for at least five years;  and
(3)  three members who represent the public.
(a-1)  One of the members appointed under Subsection (a)(1) or (a)(2) must practice as a licensed specialist in school psychology under Section 501.260.
(b)  To ensure adequate representation on the board of the diverse fields of psychology, the governor in making appointments under Subsection (a)(1) shall appoint:
(1)  at least two members who provide psychological services;
(2)  at least one member who conducts research in the field of psychology;  and
(3)  at least one member who teaches as a member of the faculty of a psychological training institution.
(c)  Each member of the board must be a citizen of the United States.
(d)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 869 (H.B. 646), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.052. Eligibility of Public Members

Sec. 501.052.  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 services;
(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 regulated by the board or 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 regulated by the board or receiving funds from the board; or
(C)  uses or receives a substantial amount of tangible goods, services, or 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. 143 (H.B. 1015), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.053. Membership Restrictions

Sec. 501.053.  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, or paid consultant of a Texas trade association in the field of health services; 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. 143 (H.B. 1015), Sec. 3, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.002, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.003, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.054. Terms; Vacancy

Sec. 501.054.  TERMS;  VACANCY.  (a)  Members of the board serve staggered six-year terms, with the terms of three members expiring October 31 of each odd-numbered year.
(b)  A member who is appointed for a term of less than six years may be reappointed to one successive full six-year term.  A member who is appointed for a full six-year term may not be reappointed for the six years following the expiration of the member's term.
(c)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
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 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.055. Grounds for Removal

Sec. 501.055.  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 Sections 501.051 and 501.052;
(2)  does not maintain during service on the board the qualifications required by Sections 501.051 and 501.052;
(3)  is ineligible for membership under Section 501.053;
(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 board member 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 the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 4, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.004, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.056. Per Diem; Reimbursement

Sec. 501.056.  PER DIEM;  REIMBURSEMENT.  (a)  Each board member is entitled to a per diem set by legislative appropriation for each day the member engages in board business.
(b)  A member may not receive reimbursement for travel expenses, including expenses for meals and lodging.  A member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.
(c)  All per diem and reimbursement for expenses authorized by this section shall be paid only from fees collected under this chapter.
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 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.057. Officers; Meetings

Sec. 501.057.  OFFICERS;  MEETINGS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. The board shall hold an annual meeting during which the board shall select from its members an assistant presiding officer.
(b)  The board may hold other regular meetings as provided by board rule.  The board shall hold meetings at least twice each year.  Special meetings may be called as necessary or by a majority of the board members.
(c)  The board shall give reasonable notice of all meetings in the manner provided by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.058. Oath of Office

Sec. 501.058.  OATH OF OFFICE.  Before entering office, a board member must file with the secretary of state the constitutional oath taken by the person.
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 501 - Psychologists › Subchapter B. Texas State Board of Examiners of Psychologists › Section 501.059. Training Program for Members

Sec. 501.059.  TRAINING PROGRAM FOR MEMBERS.  (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 of the board 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. 143 (H.B. 1015), Sec. 6, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.005, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter D. Powers and Duties › Section 501.151. General Powers and Duties of Executive Council

Sec. 501.151.  GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(4), eff. September 1, 2019.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(4), eff. September 1, 2019.
(c)  The executive council shall adopt and publish a code of ethics under this chapter.
(d)  The executive council may certify the specialty of health service providers 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. 2.007, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.008, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(4), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter D. Powers and Duties › Section 501.1515. Board Duties

Sec. 501.1515.  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 psychology; 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. 2.009, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter D. Powers and Duties › Section 501.155. Voluntary Guidelines

Sec. 501.155.  VOLUNTARY GUIDELINES.  (a) The executive council may cooperate with an agency that is not subject to this chapter to formulate voluntary guidelines to be observed in the training, activities, and supervision of persons who perform psychological services.
(b)  Except as provided by Subsection (a), the executive council may not adopt a rule that relates to the administration of an agency that is not subject to 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. 2.010, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter D. Powers and Duties › Section 501.158. Competency Requirements

Sec. 501.158.  COMPETENCY REQUIREMENTS.  (a) This section applies to a person who is:
(1)  applying to take the license examination;
(2)  applying for a license or license renewal;
(3)  currently licensed under this chapter; or
(4)  otherwise providing psychological services under a license approved by the executive council under this chapter.
(b)  On a determination by the executive council based on the executive council's reasonable belief that a person is not physically and mentally competent to provide psychological services with reasonable skill and safety to patients or has a physical or mental disease or condition that would impair the person's competency to provide psychological services, the executive council may request the person to submit to:
(1)  a physical examination by a physician approved by the executive council; or
(2)  a mental examination by a physician or psychologist approved by the executive council.
(c)  The executive council shall issue an order requiring a person who refuses to submit to an examination under this section to show cause for the person's refusal at a hearing on the order scheduled for not later than the 30th day after the date notice is served on the person.  The executive council shall provide notice under this section by personal service or by registered mail, return receipt requested.
(d)  At the hearing, the person may appear in person and by counsel and present evidence to justify the person's refusal to submit to examination.  After the hearing, the executive council shall issue an order requiring the person to submit to examination under this section or withdrawing the request for the examination.
(e)  Unless the request is withdrawn, the executive council may take disciplinary action against a person who refuses to submit to the physical or mental examination.
(f)  An appeal from the executive council's order under this section is governed by Chapter 2001, Government Code.
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. 2.011, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.251. License Required

Sec. 501.251.  LICENSE REQUIRED.  A person may not engage in or represent that the person is engaged in the practice of psychology unless the person is licensed under this chapter or exempt under Section 501.004.
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 501 - Psychologists › Subchapter F. General License Requirements › Section 501.252. Psychologist License Application

Sec. 501.252.  PSYCHOLOGIST LICENSE APPLICATION.  (a)  To be licensed under this chapter, a person must apply to the executive council for a license.  The executive council shall issue a license to an applicant who:
(1)  is qualified for the license under Section 501.2525; and
(2)  pays the fee set by the executive council.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(13), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(13), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(13), 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. 2.012, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(13), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.253. Provisional Status for Certain Applicants

Sec. 501.253.  PROVISIONAL STATUS FOR CERTAIN APPLICANTS. (a) The executive council may issue a license with a provisional status to an applicant who has not satisfied the experience or examination requirements of Section 501.2525(a)(2) but is otherwise qualified for the license under Section 501.2525.
(b)  A license holder described by Subsection (a) is entitled to practice psychology under the supervision of a psychologist to meet the requirements for issuance of a license under Section 501.2525, except that if the license holder is licensed in another state to independently practice psychology and is in good standing in that state, the license holder is entitled to practice psychology without the supervision of a psychologist.
(c)  The executive council shall adopt rules that apply to a license holder described by Subsection (a) identifying:
(1)  the activities that the license holder may engage in; and
(2)  services that may be provided by the license holder.
(d)  The executive council may refuse to renew a license issued under Subsection (a) if the license holder does not meet the requirements prescribed by Section 501.2525(a)(2).
(e)  The executive council may not restrict the issuance of a license to an applicant who is licensed in another state to independently practice psychology and is in good standing in that state based on the number of years the applicant has been licensed in good standing in that state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 14, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.014, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.256. Examinations

Sec. 501.256.  EXAMINATIONS.  (a)  The executive council shall administer to qualified applicants at least annually any written examination required by executive council rules.  An examination must be validated by an independent testing professional.
(b)  The board shall determine the subject and scope of each examination.  The examination must test the applicant's knowledge of:
(1)  the discipline and profession of psychology; and
(2)  the laws and rules governing the profession of psychology in this state.
(b-1)  The executive council shall establish appropriate fees for examinations administered under this chapter.
(c)  The executive council may waive the discipline and professional segment of the examination requirement for an applicant who:
(1)  is a specialist of the American Board of Professional Psychology; or
(2)  in the executive council's judgment, has demonstrated competence in the areas covered by the examination.
(d)  The contents of the examination described by Subsection (b)(2) are the jurisprudence examination.  The executive council shall administer and each applicant must pass the jurisprudence examination before the executive council may issue a license.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(15), eff. September 1, 2019.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(15), eff. September 1, 2019.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(15), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 15, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.015, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(15), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.259. Licensing of Psychological Associate

Sec. 501.259.  LICENSING OF PSYCHOLOGICAL ASSOCIATE.  (a) The executive council shall set standards for the issuance of licenses to psychological personnel who hold a master's degree from an accredited university or college in a program that is primarily psychological in nature.
(b)  The executive council shall designate a person who holds a license authorized by this section by a title that includes the adjective "psychological" followed by a noun such as "associate," "assistant," "examiner," or "technician."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 17, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.016, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.260. Licensed Specialist in School Psychology

Sec. 501.260.  LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY.  (a)  The executive council by rule shall issue a license to a licensed specialist in school psychology.  A license issued under this section constitutes the appropriate credential for a person who provides psychological services as required by Section 21.003(b), Education Code.
(b)  The executive council shall set the standards to qualify for a license under this section.  The standards must include:
(1)  satisfaction of minimum recognized graduate degree requirements;
(2)  completion of graduate course work at a regionally accredited institution of higher education in:
(A)  psychological foundations;
(B)  educational foundations;
(C)  interventions;
(D)  assessments; and
(E)  professional issues and ethics;
(3)  completion of at least 1,200 hours of supervised experience;
(4)  receipt of a passing score on a nationally recognized qualifying examination determined to be appropriate by the executive council and on any other examination required by the executive council; and
(5)  satisfaction of the requirements under Sections 501.2525(a)(3)-(9).
(c)  The rules of practice for a licensed specialist in school psychology must comply with nationally recognized standards for the practice of school psychology.
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. 2.017, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.261. Form of License

Sec. 501.261.  FORM OF LICENSE.  (a)  A license issued under this chapter must include the full name of the license holder and a unique number assigned to that license.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(19), 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. 2.113(19), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.262. Reciprocal License

Sec. 501.262.  RECIPROCAL LICENSE.  The executive council may enter into and implement agreements with other jurisdictions for the issuance of a license by reciprocity if the other jurisdiction's requirements for licensing, certification, or registration are substantially equal to the requirements of 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. 2.018, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.263. Temporary License

Sec. 501.263.  TEMPORARY LICENSE.  (a)  The executive council may issue a temporary license to an applicant seeking to practice in this state for a limited time and limited purpose if the applicant:
(1)  pays the required application fee;
(2)  submits an application to the executive council in the form prescribed by the executive council;
(3)  is licensed, certified, or registered as a psychologist or psychological associate by another state having requirements substantially equal to those prescribed by this chapter;
(4)  is in good standing with the regulatory agency of the jurisdiction in which the person is licensed, certified, or registered;
(5)  is supervised by a person licensed under this chapter with whom the temporary license holder may consult during the time the person holds a temporary license; and
(6)  has passed an examination recognized by the executive council as equivalent to the examination required for a permanent license under this chapter.
(b)  A temporary license is valid only for the period specified by the executive council and for the limited purpose approved by the executive council.
(c)  The executive council may adopt rules to issue a temporary license to a person who holds a license or the equivalent from another country.
(d)  A temporary license issued under this section is not a vested property right.
(e)  A person holding a temporary license issued under this chapter shall display a sign indicating that the license is temporary.  The sign must be approved by the executive council and displayed in every room in which the person provides psychological services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 18, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.019, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter F. General License Requirements › Section 501.264. Inactive Status

Sec. 501.264.  INACTIVE STATUS.  (a)  A psychologist may place the psychologist's license on inactive status by applying to the executive council and paying a fee established by the executive council.
(b)  A psychologist whose license is on inactive status does not accrue a penalty for late payment of the renewal fee for the 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. 2.020, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter G. License Renewal › Section 501.301. License Expiration and Renewal

Sec. 501.301.  LICENSE EXPIRATION AND RENEWAL. (a)  The executive council shall adopt rules providing for the expiration and renewal of a license issued under this chapter.  The rules must require a license be renewed annually or biennially.
(b)  The executive council by rule may adopt a system under which licenses expire on various dates during the year.  For a year in which the expiration date is changed, the executive council shall prorate the licensing fee so that each license holder pays only the portion of the fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the entire licensing fee is payable.
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. 2.021, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter H. Practice by Psychologist › Section 501.351. General Authority to Delegate

Sec. 501.351.  GENERAL AUTHORITY TO DELEGATE.  (a)  A psychologist licensed under this chapter may delegate to a psychologist who holds a license described by Section 501.253, a newly licensed psychologist who is not eligible for managed care panels, a person who holds a temporary license issued under Section 501.263, or a person enrolled in a formal internship as provided by executive council rules any psychological test or service that a reasonable and prudent psychologist could delegate within the scope of sound psychological judgment if the psychologist determines that:
(1)  the test or service can be properly and safely performed by the person;
(2)  the person does not represent to the public that the person is authorized to practice psychology; and
(3)  the test or service will be performed in the customary manner and in compliance with any other law.
(b)  The delegating psychologist remains responsible for the psychological test or service performed by the person to whom the test or service is delegated, and the test or service is considered to be delivered by the delegating psychologist for billing purposes, including bills submitted to third-party payors. The person must inform each patient on whom the test or service is performed that the person is being supervised by a licensed psychologist.
(c)  The executive council may determine whether:
(1)  a psychological test or service may be properly and safely delegated under this section; and
(2)  a delegated act constitutes the practice of psychology under this chapter.
(d)  A person who is a licensed psychologist and to whom another psychologist delegates a psychological test or service under this section may represent that the person is engaged in the practice of psychology.
Added by Acts 2013, 83rd Leg., R.S., Ch. 276 (H.B. 808), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 754 (H.B. 1924), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.022, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter H. Practice by Psychologist › Section 501.352. Performance of Delegated Act Does Not Constitute Practice of Psychology

Sec. 501.352.  PERFORMANCE OF DELEGATED ACT DOES NOT CONSTITUTE PRACTICE OF PSYCHOLOGY.  A person to whom a psychologist delegates a psychological test or service under Section 501.351(a) is not considered to be engaged in the independent practice of psychology without a license issued under this chapter unless the person acts with the knowledge that the delegation and the action taken under the delegation violate this subtitle.
Added by Acts 2013, 83rd Leg., R.S., Ch. 276 (H.B. 808), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter I. Disciplinary Procedures › Section 501.401. Grounds for Disciplinary Action

Sec. 501.401.  GROUNDS FOR DISCIPLINARY ACTION.  The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a license holder who:
(1)  violates this chapter or a rule adopted under this chapter;
(2)  is convicted of a felony or of any offense that would be a felony under the laws of this state, or of a violation of a law involving moral turpitude;
(3)  uses drugs or alcohol to an extent that affects the person's professional competency;
(4)  engages in fraud or deceit in connection with services provided as a psychologist;
(5)  except as provided by Section 501.263:
(A)  aids or abets the practice of psychology by a person not licensed under this chapter in representing that the person is licensed under this chapter;
(B)  represents that the person is licensed under this chapter to practice psychology when the person is not licensed; or
(C)  practices psychology in this state without a license under this chapter or without being qualified for an exemption under Section 501.004; or
(6)  commits an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.
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. 2.023, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter I. Disciplinary Procedures › Section 501.407. Remedial Continuing Education

Sec. 501.407.  REMEDIAL CONTINUING EDUCATION.  The executive council may require a license holder who violates this chapter to participate in a continuing education program.  The executive council shall specify the continuing education program that the person may attend and the number of hours that the person must complete to fulfill the requirements of this section.
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. 2.024, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter I. Disciplinary Procedures › Section 501.408. Corrective Advertising

Sec. 501.408.  CORRECTIVE ADVERTISING.  The executive council may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising.
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. 2.025, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter I. Disciplinary Procedures › Section 501.411. Remedial Plan

Sec. 501.411.  REMEDIAL PLAN.  (a)  The executive council may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter.
(b)  The executive council by rule shall establish the types of complaints or violations that may be resolved with a remedial plan.  The rules must provide that a remedial plan may not be imposed to resolve a complaint:
(1)  involving conduct that poses a significant risk of harm to a patient; or
(2)  in which the appropriate resolution may involve revoking, suspending, limiting, or restricting a person's license.
(c)  A remedial plan may not contain a provision that:
(1)  revokes, suspends, limits, or restricts a person's license; or
(2)  assesses an administrative penalty against a person.
(d)  The executive council may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the executive council for the resolution of a different complaint filed under this chapter.
(e)  The executive council may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.026, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter K. Other Penalties and Enforcement Provisions › Section 501.503. Criminal Penalty

Sec. 501.503.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of this chapter.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day a violation occurs is a separate offense.
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 501 - Psychologists › Subchapter K. Other Penalties and Enforcement Provisions › Section 501.505. Option to Order Refund

Sec. 501.505.  OPTION TO ORDER REFUND.  (a)  Under an agreement resulting from an informal settlement conference, the executive council may order a license holder to refund to the person who paid for the psychological services at issue an amount not to exceed the amount the person paid to the license holder for a service regulated by this chapter instead of or in addition to imposing an administrative penalty under Subchapter H, Chapter 507.
(b)  The executive council may not include an estimation of other damages or harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 143 (H.B. 1015), Sec. 22, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.027, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter L. Psychology Interjurisdictional Compact › Section 501.602. Rules Adopted Under Compact

Sec. 501.602.  RULES ADOPTED UNDER COMPACT.  The Psychology Interjurisdictional Compact Commission established under the Psychology Interjurisdictional Compact under Section 501.601 may not adopt rules that alter the requirements or scope of practice of a license issued under this chapter. Any rule adopted by the Psychology Interjurisdictional Compact Commission that purports to alter the requirements or scope of practice of a license issued under this chapter is not enforceable.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.028, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 501 - Psychologists › Subchapter L. Psychology Interjurisdictional Compact › Section 501.603. Disclosure of Personal Information

Sec. 501.603.  DISCLOSURE OF PERSONAL INFORMATION.  (a)  In reporting information to the Coordinated Licensure Information System under Article IX of the Psychology Interjurisdictional Compact, the executive council may disclose personally identifiable information about a person who holds a license under this chapter, including the person's social security number.
(b)  The Coordinated Licensure Information System may not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.028, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 502 - Marriage and Family Therapists › Subchapter A. General Provisions › Section 502.001. Short Title

Sec. 502.001.  SHORT TITLE.  This chapter may be cited as the Licensed Marriage and Family Therapist Act.
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 502 - Marriage and Family Therapists › Subchapter A. General Provisions › Section 502.002. Definitions

Sec. 502.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas State Board of Examiners of Marriage and Family Therapists.
(2)  "Executive council" means the Texas Behavioral Health Executive Council.
(3)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(34), eff. September 1, 2019.
(4)  "Licensed marriage and family therapist" means a person who offers marriage and family therapy for compensation.
(5)  "Licensed marriage and family therapist associate" means an individual who offers to provide marriage and family therapy for compensation under the supervision of a supervisor approved by the executive council.
(6)  "Marriage and family therapy" means providing professional therapy services to individuals, families, or married couples, alone or in groups, that involve applying family systems theories and techniques.  The term includes the evaluation, diagnostic assessment, and remediation of mental, cognitive, affective, behavioral, or relational dysfunction, disease, or disorder in the context of marriage or family systems and may include the use of the Diagnostic and Statistical Manual of Mental Disorders and the International Classification of Diseases.  The practice of marriage and family therapy does not constitute the practice of medicine and does not include prescribing medication, treating a physical disease, or providing any service outside the scope of practice of a licensed marriage and family therapist or a licensed marriage and family therapist associate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.252(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1061 (H.B. 1413), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 501 (H.B. 2818), Sec. 1, eff. June 9, 2017.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.029, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(34), eff. September 1, 2019.