SB 51

89R795 JCG-D
		By: Zaffirini
  S.B. No. 51
  A BILL TO BE ENTITLED
  AN ACT
  relating to the licensing of marriage and family therapists,
  marriage and family therapist associates, professional counselors,
  professional counselor associates, and social workers, including
  certain out-of-state applicants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 502.151 and 502.1515, Occupations Code,
  are amended to read as follows:
         Sec. 502.151.  GENERAL POWERS AND DUTIES OF EXECUTIVE
  COUNCIL.  Except as otherwise provided by this chapter, the [The]
  executive council shall:
               (1)  determine the qualifications and fitness of a
  license applicant under this chapter; and
               (2)  adopt a code of professional ethics for license
  holders.
         Sec. 502.1515.  BOARD DUTIES.  Except as otherwise provided
  by this chapter, the [The] board shall propose to the executive
  council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license, including rules limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for marriage and family therapy; and
                     (C)  continuing education requirements for
  license holders; and
               (2)  a schedule of sanctions for violations of this
  chapter or rules adopted under this chapter.
         SECTION 2.  Section 502.252, Occupations Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (d) and (e)
  to read as follows:
         (b)  To qualify for a license as a licensed marriage and
  family therapist associate, a person must:
               (1)  be at least 18 years of age;
               (2)  have completed a graduate internship in marriage
  and family therapy, or an equivalent internship, as approved by the
  executive council;
               (3)  pass the license examination and jurisprudence
  examination determined by the board;
               (4)  hold a master's or doctoral degree in marriage and
  family therapy or in a related mental health field with coursework
  and training determined by the board [executive council] to be
  substantially equivalent to a graduate degree in marriage and
  family therapy from a regionally accredited institution of higher
  education or an institution of higher education approved by the
  executive council;
               (5)  have not been convicted of a felony or a crime
  involving moral turpitude;
               (6)  not use drugs or alcohol to an extent that affects
  the applicant's professional competency;
               (7)  not have had a license or certification revoked by
  a licensing agency or by a certifying professional organization;
  and
               (8)  not have engaged in fraud or deceit in applying for
  a license under this chapter.
         (c)  An applicant is eligible to apply for a license as a
  licensed marriage and family therapist if the person:
               (1)  meets the requirements of Subsection (b);
               (2)  after receipt of a degree described by Subsection
  (b)(4), has completed two years of work experience in marriage and
  family therapist services that includes at least 3,000 hours of
  clinical practice consisting of at least 1,500 hours of direct
  clinical services, including a minimum number of hours providing
  direct clinical services to couples or families as required by
  board [executive council] rule; and
               (3)  has completed, in a manner acceptable to the board
  [executive council], at least 200 hours of supervised provision of
  direct clinical services by the applicant, 100 hours of which must
  be supervised on an individual basis.
         (d)  Subsections (c)(2) and (c)(3) do not apply to an
  applicant who:
               (1)  is licensed in good standing in another state to
  independently practice as a licensed marriage and family therapist;
  and
               (2)  has independently practiced as a licensed marriage
  and family therapist in that state before the date the application
  is submitted.
         (e)  An applicant for a license as a licensed marriage and
  family therapist who practiced as a licensed marriage and family
  therapist associate in another state may count that out-of-state
  experience toward the requirements under Subsections (c)(2) and
  (c)(3) if:
               (1)  the applicant is licensed in good standing as a
  marriage and family therapist associate in that state; and
               (2)  based on a review of that experience by a licensed
  supervisor in this state, the board determines that the experience
  is acceptable.
         SECTION 3.  Sections 502.2545(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The board [executive council] may waive the requirement
  that an applicant for a license as a licensed marriage and family
  therapist pass the examination required by Section 502.254 if the
  applicant:
               (1)  is a provisional license holder under Section
  502.259 and the executive council determines that the applicant
  possesses sufficient education and professional experience to
  receive a license without further examination; [or]
               (2)  holds a license issued by another licensing agency
  in a profession related to the practice of marriage and family
  therapy and the executive council determines that the applicant
  possesses sufficient education and professional experience to
  receive a license without satisfying the examination requirements
  of this chapter; or
               (3)  meets the criteria provided by Section 502.252(d).
         (b)  The executive council may, subject to approval by the
  board, adopt rules necessary to administer this section, including
  rules under Subsection (a)(2) prescribing the professions that are
  related to the practice of marriage and family therapy.
         SECTION 4.  Section 502.259(b), Occupations Code, is amended
  to read as follows:
         (b)  An applicant for a provisional license must:
               (1)  be licensed in good standing as a marriage and
  family therapist or a marriage and family therapist associate in
  another state or jurisdiction that has licensing requirements that
  are substantially equal to the requirements of this chapter;
               (2)  have passed a national or other examination that:
                     (A)  is recognized by the board [executive
  council]; and
                     (B)  relates to marriage and family therapy; and
               (3)  be sponsored by a person licensed by the executive
  council with whom the provisional license holder may practice under
  this section.
         SECTION 5.  Section 503.201(a), Occupations Code, is amended
  to read as follows:
         (a)  Except as otherwise provided by this chapter, the [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.
         SECTION 6.  Section 503.2015, Occupations Code, is amended
  to read as follows:
         Sec. 503.2015.  BOARD DUTIES.  Except as otherwise provided
  by this chapter, the [The] board shall propose to the executive
  council:
               (1)  rules regarding:
                     (A)  the qualifications necessary to obtain a
  license, including rules limiting an applicant's eligibility for a
  license based on the applicant's criminal history;
                     (B)  the scope of practice of and standards of
  care and ethical practice for 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.
         SECTION 7.  Section 503.302, Occupations Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (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 the board [executive
  council rule], which may not be less than 48 hours and must include
  at least 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 board [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 established by the
  board or [prescribed by] the executive council.
         (a-1)  Subsection (a)(4) does not apply to an applicant who:
               (1)  is licensed in good standing in another state to
  independently practice as a professional counselor or as an art
  therapist; and
               (2)  has independently practiced as a professional
  counselor or an art therapist in that state for at least the two
  years preceding the date the application is submitted.
         (a-2)  The executive council may waive the requirement that
  an applicant pass the license examination required by Subsection
  (a)(5) if the applicant meets the criteria provided by Subsection
  (a-1).  The applicant must pass the jurisprudence examination.
         SECTION 8.  Section 503.3025, Occupations Code, is amended
  to read as follows:
         Sec. 503.3025.  EXPERIENCE REQUIRED TO ACT AS SUPERVISOR.  A
  [The executive council shall allow a] license holder who has
  practiced as a licensed counselor in another state may [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.
         SECTION 9.  Section 503.308, Occupations Code, is amended to
  read as follows:
         Sec. 503.308.  ASSOCIATE [TEMPORARY] LICENSE.  (a)  The
  board may establish and the executive council [by rule] may provide
  for the issuance of an associate [a temporary] license.  Rules
  adopted under this subsection must provide a time limit for the
  period an associate [a temporary] license is valid.
         (b)  The executive council by rule may adopt a system under
  which an associate [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.
         SECTION 10.  Section 505.3575, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Notwithstanding any other licensing requirement of this
  subchapter:
               (1)  the executive council may not require an applicant
  who is licensed in good standing in another state to pass a
  licensing examination conducted by the executive council under
  Section 505.354 if an applicant with substantially equivalent
  experience who resides in this state would not be required to take
  the licensing examination; [and]
               (2)  the executive council may waive the requirement
  that an applicant not otherwise described by Subdivision (1) pass a
  licensing examination conducted by the executive council under
  Section 505.354 if the applicant:
                     (A)  is licensed in good standing in another state
  to independently practice as a social worker; and
                     (B)  has independently practiced as a licensed
  social worker in that state for at least one year preceding the date
  the application is submitted; and
               (3)  the executive council may issue a license to an
  applicant who is currently licensed in another state to
  independently practice social work if:
                     (A)  after an assessment, the executive council
  determines that the applicant:
                           (i)  demonstrates sufficient experience and
  competence, subject to Subsection (c);
                           (ii)  has passed the jurisprudence
  examination conducted by the executive council under Section
  505.3545; and
                           (iii)  at the time of the application, is in
  good standing with the regulatory agency of the state in which the
  applicant is licensed; and
                     (B)  the applicant presents to the executive
  council credentials that the applicant obtained from a national
  accreditation organization and the executive council determines
  that the requirements to obtain the credentials are sufficient to
  minimize any risk to public safety.
         (c)  An applicant satisfies the requirements of Subsection
  (a)(3)(A)(i) if the applicant:
               (1)  is licensed in good standing in another state to
  independently practice as a social worker; and
               (2)  has independently practiced as a licensed social
  worker in that state for at least one year preceding the date the
  application is submitted.
         SECTION 11.  The changes in law made by this Act apply only
  to an application for a license submitted on or after the effective
  date of this Act.  An application for a license submitted before the
  effective date of this Act is governed by the law in effect on the
  date the application was submitted, and that law is continued in
  effect for that purpose.
         SECTION 12.  This Act takes effect September 1, 2025.