CHAPTER 501. PSYCHOLOGISTS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE I. REGULATION OF PSYCHOLOGY AND COUNSELING

CHAPTER 501. PSYCHOLOGISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 501.001. SHORT TITLE. This chapter may be cited as the

Psychologists' Licensing Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas State Board of Examiners of

Psychologists.

(2) "Licensed specialist in school psychology" means a person

who holds a license to engage in the practice of psychology under

Section 501.260.

(3) "Provisional license holder" means a person who holds a

license to engage in the practice of psychology under Section

501.253.

(4) "Psychological associate" means a person who holds a license

to engage in the practice of psychology issued under Section

501.259.

(5) "Psychologist" means a person who holds a license to engage

in the practice of psychology issued under Section 501.252.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.003. PRACTICE OF PSYCHOLOGY. (a) In this section,

"psychological services" means acts or behaviors that are

included within the purview of the practice of psychology.

(b) A person is engaged in the practice of psychology within the

meaning of this chapter if the person:

(1) represents the person to the public by a title or

description of services that includes the word "psychological,"

"psychologist," or "psychology";

(2) provides or offers to provide psychological services to

individuals, groups, organizations, or the public;

(3) is a psychologist or psychological associate employed as

described by Section 501.004(a)(1) who offers or provides

psychological services, other than lecture services, to the

public for consideration separate from the salary that person

receives for performing the person's regular duties; or

(4) is employed as a psychologist or psychological associate by

an organization that sells psychological services, other than

lecture services, to the public for consideration.

(1) includes providing or offering to provide services to an

individual or group, including providing computerized procedures,

that include the application of established principles, methods,

and procedures of describing, explaining, and ameliorating

behavior;

(2) addresses normal behavior and involves evaluating,

preventing, and remediating psychological, emotional, mental,

interpersonal, learning, and behavioral disorders of individuals

or groups, as well as the psychological disorders that accompany

medical problems, organizational structures, stress, and health;

(3) includes:

(A) using projective techniques, neuropsychological testing,

counseling, career counseling, psychotherapy, hypnosis for health

care purposes, hypnotherapy, and biofeedback; and

(B) evaluating and treating mental or emotional disorders and

disabilities by psychological techniques and procedures; and

(4) is based on:

(A) a systematic body of knowledge and principles acquired in an

organized program of graduate study; and

(B) the standards of ethics established by the profession.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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 governmental agency or regionally

accredited institution of higher education if the person performs

duties the person is employed by the agency or institution to

perform within the confines of the agency or 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

"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"; or

(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."

(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.

defined by the laws of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.005. APPLICATION OF SUNSET ACT. The Texas State Board

of Examiners of Psychologists is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that chapter, the board is abolished and this

chapter expires September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

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.

(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.

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.

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;

(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

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, Sec. 2, eff. September 1, 2005.

Sec. 501.053. MEMBERSHIP AND EMPLOYEE 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 and may not be a

board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) 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.

general counsel to the board if the person is required to

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, Sec. 3, eff. September 1, 2005.

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.

shall appoint a replacement to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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.

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, Sec. 4, eff. September 1, 2005.

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.

this section shall be paid only from fees collected under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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.

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, Sec. 5, eff. September 1, 2005.

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.

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) this chapter and the programs, functions, rules, and budget

of the board;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 6, eff. September 1, 2005.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL

Sec. 501.101. EXECUTIVE DIRECTOR. The board shall employ an

executive director, who holds that position at the pleasure of

the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.102. PERSONNEL. The board may employ persons,

including investigators, attorneys, consultants, and

administrative staff, as necessary or desirable to administer

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.103. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly separate the

policymaking responsibilities of the board and the management

responsibilities of the executive director and the staff of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 7, eff. September 1, 2005.

Sec. 501.104. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program. The program

must require intra-agency postings of all nonentry level

positions concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations. All

merit pay for board employees must be based on the system

established under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.105. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee shall

prepare and maintain a written policy statement to ensure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel, that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD POWERS AND DUTIES

Sec. 501.151. GENERAL POWERS AND DUTIES. (a) The board may

adopt rules necessary to perform its duties and regulate its

proceedings.

(b) The board shall adopt an official seal.

(d) The board may certify the specialty of health service

providers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.152. FEES. (a) The board by rule shall set fees in

amounts reasonable and necessary to cover the costs of

administering this chapter.

(b) The board may not set a fee that existed on September 1,

1993, for an amount less than the amount of that fee on that

date.

collected under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.153. FEE INCREASE. (a) The amount of the following

fees is the amount set by the board under Section 501.152 and an

additional charge of $200:

(1) the fee for renewing a license;

(2) the fee for applying to take the provisional license

examination; and

(3) the fee for renewing a provisional license.

(b) Of each additional $200 collected, $50 shall be deposited to

the credit of the foundation school fund and $150 shall be

deposited to the credit of the general revenue fund.

psychological services provided and the psychologist's use of an

official title are within the scope of the psychologist's

employment as described by Section 501.004(a)(1).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.154. ANNUAL LISTING. (a) The board shall publish

annually a list of all psychologists licensed under this chapter.

The list shall be provided in both alphabetical and geographical

arrangements.

(b) The list must contain the name and address of each

psychologist and other information that the board requires.

(1) mail a copy of the list to each person licensed under this

chapter; and

(2) furnish copies to the public on request.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.251(a), eff.

Sept. 1, 2001.

Sec. 501.155. VOLUNTARY GUIDELINES. (a) The board 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 board 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.

Sec. 501.156. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a person regulated by the

board except to prohibit false, misleading, or deceptive

practices by the person.

(b) The board may not include in rules to prohibit false,

misleading, or deceptive practices by a person regulated by the

board 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 use of a trade name in advertising by the

person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.157. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall:

(1) adopt a standardized form for filing complaints with the

board; and

(2) prescribe information to be provided when a person files a

complaint with the board.

(b) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.158. COMPETENCY REQUIREMENTS. (a) This section

applies to a person who is:

(1) applying to take the provisional license examination;

(2) applying for a license or license renewal;

(3) currently licensed by the board; or

(4) otherwise providing psychological services under a license

approved by the board.

(b) On a determination by the board based on the board'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 board may request the person to

submit to:

(1) a physical examination by a physician approved by the board;

(2) a mental examination by a physician or psychologist approved

by the board.

person seeking renewal of a provisional license 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 board 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 board 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, a person who refuses to

submit to the physical or mental examination may not take the

provisional license examination or renew the person's license, as

appropriate.

(f) An appeal from the board's order under this section is

governed by Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.159. ANNUAL REPORT. (a) The board shall file annually

with the governor and the presiding officer of each house of the

legislature a complete and detailed written report accounting for

all funds received and disbursed by the board during the

preceding fiscal year.

(b) The report must be in the form and reported in the time

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.160. USE OF TECHNOLOGY. The board shall implement a

policy requiring the use of appropriate technological solutions

to improve the board's ability to perform its functions. The

policy must ensure that the public is able to interact with the

board on the Internet.

Added by Acts 2005, 79th Leg., Ch.

143, Sec. 8, eff. September 1, 2005.

Sec. 501.161. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION. (a) The board shall develop and implement a policy

to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch.

143, Sec. 9, eff. September 1, 2005.

Sec. 501.162. DEVELOPMENT OF PROPOSED RULES. (a) This section

applies to the process by which the board develops proposed rules

before the proposed rules are published in the Texas Register and

before the board complies with the rulemaking requirements of the

administrative procedure law, Chapter 2001, Government Code.

This section does not affect the duty of the board to comply with

the rulemaking requirements of that law.

(b) The board shall establish methods under which the board, to

the extent appropriate, will seek input early in the rule

development process from the public and from persons who will be

most affected by a proposed rule. Methods shall include

identifying persons who will be most affected and soliciting, at

a minimum, the advice and opinions of those persons.

conferences, advisory committees, and any other appropriate

method.

(d) A rule adopted by the board may not be challenged on the

grounds that the board did not comply with this section. If the

board was unable to solicit a significant amount of advice and

opinion from the public or from affected persons early in the

rule development process, the board shall state in writing the

reasons why the board was unable to do so.

Added by Acts 2005, 79th Leg., Ch.

143, Sec. 10, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 501.201. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 11, eff. September 1, 2005.

Sec. 501.202. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for services provided by a person regulated by the

board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a) The

board shall maintain a system to promptly and efficiently act on

complaints filed with the board. The board shall maintain

information about parties to a complaint, the subject matter of

the complaint, a summary of the results of the review or

investigation of the complaint, and the disposition of the

complaint.

(b) The board shall make information available describing its

procedures for complaint investigation and resolution.

the status of the complaint until final disposition.

(d) The board shall analyze complaints filed with the board to

identify any trends or issues related to certain violations,

including:

(1) the reason for each complaint;

(2) how each complaint was resolved; and

(3) the subject matter of each complaint that was not within the

jurisdiction of the board and how the board responded to the

complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 12, eff. September 1, 2005.

Sec. 501.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules concerning the

investigation of a complaint filed with the board. The rules

adopted under this subsection must:

(1) distinguish between categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The board shall:

(1) dispose of each complaint in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint that is under the control of the board not later than

the 30th day after the date the complaint is received by the

board.

projected time requirements for pursuing the complaint and

notified of any change in the schedule established under

Subsection (b)(2) not later than the seventh day after the date

the change is made.

(d) The executive director shall notify the board of a complaint

that is not resolved within the time prescribed by the board for

resolving complaints so that the board may take necessary action

on the complaint.

(e) The board shall assign priorities and investigate complaints

based on:

(1) the severity of the conduct alleged in the complaint; and

(2) the degree of harm to public health and safety.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 13, eff. September 1, 2005.

Sec. 501.205. CONFIDENTIALITY OF COMPLAINT INFORMATION. (a)

Except as provided by Subsection (b), a complaint and

investigation concerning a license holder and all information and

materials compiled by the board in connection with the complaint

and investigation are not subject to:

(1) disclosure under Chapter 552, Government Code; or

(2) disclosure, discovery, subpoena, or other means of legal

compulsion for release of information to any person.

(b) A complaint or investigation subject to Subsection (a) and

all information and materials compiled by the board in connection

with the complaint may be disclosed to:

(1) the board and board employees or agents involved in license

holder discipline;

(2) a party to a disciplinary action against the license holder

or that party's designated representative;

(3) a law enforcement agency if required by law;

(4) a governmental agency, if:

(A) the disclosure is required or permitted by law; and

(B) the agency obtaining the disclosure protects the identity of

any patient whose records are examined; or

(5) a legislative committee or committee staff directed to make

an inquiry regarding state hospitals or schools, by either house

of the legislature, the presiding officer of either house of the

legislature, or the chairman of the legislative committee if the

information or records that identify a patient or client are not

released for any purpose unless the patient consents and the

records are created by the state hospital or school or its

employees.

officer at the hearing, the board shall provide the license

holder with access to all information that the board intends to

offer into evidence at the hearing not later than the 30th day

after the date the board receives a written request from a

license holder who is entitled to a hearing under this chapter or

from the license holder's attorney of record.

(d) The board shall protect the identity of any patient whose

records are examined in connection with a disciplinary

investigation or proceeding against a license holder, except:

(1) a patient who initiates the disciplinary action; or

(2) a patient who has submitted a written consent to release the

records.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.206. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.207. SUBPOENAS. (a) In an investigation of a

complaint filed with the board, the executive director or

presiding officer of the board may issue a subpoena to compel the

attendance of a relevant witness or the production, for

inspection or copying, of relevant evidence that is in this

state.

(b) A subpoena may be served personally or by certified mail.

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board shall pay for photocopies subpoenaed under this

section a reasonable fee in an amount not to exceed the amount

the board may charge for copies of its records.

(f) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(g) Information and materials subpoenaed or compiled by the

board in connection with the investigation of a complaint may be

disclosed only as provided by Section 501.205.

Added by Acts 2003, 78th Leg., ch. 648, Sec. 1, eff. June 20,

2003.

SUBCHAPTER F. GENERAL LICENSE REQUIREMENTS

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.

Sec. 501.252. PSYCHOLOGIST LICENSE APPLICATION. (a) To be

licensed under this chapter, a person must apply to the board for

a license. The board shall issue a license to an applicant who:

(1) complies with this section; and

(2) pays the fee set by the board.

(b) A person may not be licensed as a psychologist unless the

person:

(1) is provisionally licensed as a psychologist under this

chapter; and

(2) has had at least two years of supervised experience in the

field of psychological services, one year of which may be as part

of the doctoral program and at least one year of which began

after the date the person's doctoral degree was conferred by an

institution of higher education.

only if the experience is supervised by a psychologist in the

manner provided by the board's supervision guidelines.

(d) To determine the acceptability of an applicant's

professional experience, the board may require documentary

evidence of the quality, scope, and nature of the applicant's

experience.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.253. PROVISIONAL LICENSE. (a) The board shall issue a

provisional license to an applicant who has:

(1) passed the examinations prescribed by the board;

(2) satisfied the preliminary requirements of Sections 501.254

and 501.255; and

(3) paid the fee for a provisional license.

(b) A provisional license holder is entitled to practice

psychology under the supervision of a psychologist to meet the

requirements for issuance of a license under Section 501.252. A

provisional license holder who is licensed in another state to

independently practice psychology and is in good standing in that

state and who seeks a license in this state is entitled to

practice psychology without the supervision of a psychologist

during the time that the board is processing the person's

application for a license.

license holders identifying:

(1) the activities that holders may engage in; and

(2) services that may be provided by holders.

(d) The board may refuse to renew the provisional license of a

person who does not meet the requirements prescribed by Section

501.255.

(e) The board may not restrict the issuance of a license or

provisional 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.

(f) If an applicant who is licensed in another state to

independently practice psychology and is in good standing in that

state presents credentials from a national accreditation

organization to the board and the board determines that the

requirements for obtaining those credentials from that

organization are sufficient to protect the public, the board may

issue a provisional license to the applicant. An applicant who

obtains a provisional license under this subsection must have

passed the examination described by Section 501.256(b)(2).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 14, eff. September 1, 2005.

Sec. 501.254. PROVISIONAL LICENSE APPLICATION. (a) An

applicant for examination for a provisional license must:

(1) apply on forms prescribed by the board; and

(2) submit the required fee with the application.

(b) The board may require that the applicant verify the

application.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.255. PROVISIONAL LICENSE EXAMINATION QUALIFICATIONS.

(a) An applicant may take an examination for a provisional

license if the applicant:

(1) has received:

(A) a doctoral degree in psychology from a regionally accredited

educational institution conferred on or after January 1, 1979; or

(B) a doctoral degree in psychology, or the substantial

equivalent of a doctoral degree in psychology in both subject

matter and extent of training, from a regionally accredited

educational institution conferred before January 1, 1979;

(2) has attained the age of majority;

(3) has good moral character;

(4) is physically and mentally competent to provide

psychological services with reasonable skill and safety, as

determined by the board;

(5) is not afflicted with a mental or physical disease or

condition that would impair the applicant's competency to provide

psychological services;

(6) has not been convicted of a crime involving moral turpitude

or a felony;

(7) does not use drugs or alcohol to an extent that affects the

applicant's professional competency;

(8) has not engaged in fraud or deceit in making the

application; and

(9) except as provided by Section 501.263, has not:

(A) aided or abetted the practice of psychology by a person not

licensed under this chapter in representing that the person is

licensed under this chapter;

(B) represented that the applicant is licensed under this

chapter to practice psychology when the applicant is not

licensed; or

this chapter or without being exempt under this chapter.

(b) In determining under Subsection (a)(1)(B) whether a degree

is substantially equivalent to a doctoral degree in psychology,

the board shall consider whether, at the time the degree was

conferred, the doctoral program met the prevailing standards for

training in the area of psychology, including standards for

training in clinical, school, and industrial counseling.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.256. EXAMINATIONS. (a) The board shall administer to

qualified applicants at least annually the oral and written

examination required by board rules. The board shall have the

written portion of the examination, if any, validated by an

independent testing professional.

(b) The board shall determine the subject and scope of the

examinations and establish appropriate fees for examinations

administered. 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.

of the examination requirement for an applicant who:

(1) is a specialist of the American Board of Professional

Psychology; or

(2) in the board'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 board shall

administer and each applicant must pass the jurisprudence

examination before the board may issue a provisional license.

(e) If requested in writing by a person who fails an examination

administered under this chapter, the board shall provide to the

person an analysis of the person's performance on the

examination.

(f) On the oral examination administered under this section the

board may only assess knowledge of psychological principles and

techniques, applicable laws and regulations, and ethical

principles. The board may not assess personal characteristics

through the oral examination.

(g) For purposes of the oral examination, the board shall by

rule clearly define the standards used by the board to determine

whether a person has demonstrated sufficient entry-level

knowledge of the practice of psychology to have passed the

examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 15, eff. September 1, 2005.

Sec. 501.2561. EVALUATION OF ORAL EXAMINATION. (a) The board

by rule shall establish a work group to evaluate the oral

examination for the purpose of improving the consistency of the

administration and the objectivity of the examination. The work

group must include persons interested in or affected by the

regulation of the practice of psychology under this chapter,

including faculty members of college or university psychology

departments and licensees with varying levels of experience. The

work group shall:

(1) review audiotapes of passed and failed examinations;

(2) review analyses of the performance of persons who failed the

examination provided under Section 501.256(e);

(3) assess scoring criteria and clinical scenarios used in the

administration of the examination;

(4) recommend improvements to standardize the administration of

the examination; and

(5) conduct other appropriate tasks.

(b) Members of the board may not participate in the evaluation

of the oral examination but may otherwise participate in the work

group.

group's recommendations for improving the consistency of the

administration and the objectivity of the oral examination. The

board shall modify the oral examination, as necessary, based on

the work group's recommendations before the next administration

of the oral examination.

Added by Acts 2005, 79th Leg., Ch.

143, Sec. 16, eff. September 1, 2005.

Sec. 501.257. REEXAMINATION. An applicant who fails an

examination may be reexamined at intervals specified by the board

on payment by the applicant of an examination fee that is equal

to the amount of the fee charged to take the examination the

applicant failed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.258. NOTIFICATION OF EXAMINATION RESULTS. (a) Not

later than the 30th day after the date an examination is

administered, the board shall notify each examinee of the results

of the examination. If an examination is graded or reviewed by a

national testing service, the board shall notify examinees of the

results of the examination not later than the 14th day after the

date the board receives the results from the testing service.

(b) If the notice of the examination results will be delayed for

longer than the 90th day after the examination date, the board

shall notify the examinee of the reason for the delay before the

90th day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE. (a) The

board 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 board 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, Sec. 17, eff. September 1, 2005.

Sec. 501.260. LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY. (a)

The board 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 board 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;

(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 board

and on any other examination required by the board; and

(5) satisfaction of the requirements, other than the degree

requirements, for an applicant to take an examination for a

provisional license.

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.

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) The presiding officer and executive director of the board

shall sign the license under the seal of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.262. RECIPROCAL LICENSE. The board 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.

Sec. 501.263. TEMPORARY LICENSE. (a) The board 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 board in the form prescribed

by the board;

(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 by the board 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 board as

equivalent to the examination required by the board for a

permanent license under this chapter.

(b) A temporary license is valid only for the period specified

by the board and for the limited purpose approved by the board.

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 board 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, Sec. 18, eff. September 1, 2005.

Sec. 501.264. INACTIVE STATUS. (a) A psychologist may place

the psychologist's license on inactive status by applying to the

board and paying a fee established by the board.

(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.

SUBCHAPTER G. LICENSE RENEWAL

Sec. 501.301. LICENSE EXPIRATION. (a) A license issued under

this chapter expires on December 31 of the year following the

date the license is issued or renewed. A license of a

psychological associate expires on May 31 of the year following

the date the license is issued or renewed.

(b) The board 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 board 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.

Sec. 501.302. LICENSE RENEWAL. (a) A person may renew an

unexpired license by paying to the board the required renewal fee

before the expiration date of the license.

(b) A person whose license has been expired for 90 days or less

may renew the license by paying to the board the required renewal

fee and a fee that is equal to half of the amount of the

examination fee for the license. A person whose license has been

expired for more than 90 days but less than one year may renew

the license by paying to the board all unpaid renewal fees and a

fee that is equal to the amount of the examination fee for the

license.

license has been expired for one year or more may not renew the

license. The person may obtain a new license by submitting to

reexamination and complying with the requirements and procedures

for obtaining an original license.

(d) Not later than the 30th day before the expiration date of a

person's license, the board shall send written notice of the

impending expiration to the person at the person's last known

address according to the board's records.

(e) The renewal procedures prescribed by this section apply to

renewal of a specialty certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without reexamination an

expired license of a person who was licensed in this state, moved

to another state, and is currently licensed and has been in

practice in the other state for the two years preceding the date

the person applied for renewal.

(b) The person must pay to the board a fee that is equal to the

amount of the examination fee for the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.304. CONTINUING EDUCATION. (a) The board shall

establish a mandatory continuing education program for persons

licensed by the board. The board by rule shall establish a

minimum number of hours of continuing education required to renew

a license under this chapter.

(b) The board shall identify the key factors for the competent

performance by a license holder of the holder's professional

duties.

(1) by rule develop a process to evaluate and approve continuing

education courses; and

(2) adopt a procedure to assess a license holder's participation

in continuing education programs.

(d) The board may assess the continuing education needs of

license holders and require license holders to attend continuing

education courses specified by the board.

(e) The process developed under Subsection (c)(1) may include a

process under which the board evaluates and approves appropriate

courses for the continuing education program that are developed

or approved for license holders by national and state

associations that represent license holders, by other mental

health professional associations, and by institutions of higher

education.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 19, eff. September 1, 2005.

SUBCHAPTER I. DISCIPLINARY PROCEDURES

Sec. 501.401. GROUNDS FOR DISCIPLINARY ACTION. The board shall

revoke or suspend a holder's license, place on probation a person

whose license has been suspended, or reprimand a license holder

who:

(1) violates this chapter or a rule adopted by the board;

(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

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.

Sec. 501.402. TEMPORARY LICENSE SUSPENSION. (a) The board by

rule shall adopt procedures for the temporary suspension of a

license.

(b) An executive committee of the board consisting of the

presiding officer and two other board members appointed by the

presiding officer may temporarily suspend a license if it

determines from the evidence or information presented that the

continued practice by the license holder constitutes a continuing

or imminent threat to the public welfare.

or hearing if, at the time the suspension is ordered, a hearing

on whether disciplinary proceedings should be initiated against

the license holder is scheduled for a date not later than the

14th day after the date of the suspension.

(d) A second hearing on the suspended license shall be held not

later than the 60th day after the date the suspension is ordered.

If the second hearing is not held in the time provided by this

subsection, the suspended license is automatically reinstated.

(e) The board may also temporarily suspend a license on a

majority vote.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.403. HEARING. A person is entitled to a hearing before

the State Office of Administrative Hearings if the board proposes

to:

(1) refuse the person's application for a license;

(2) suspend or revoke the person's license; or

(3) reprimand the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 501.404. SCHEDULE OF SANCTIONS. (a) The board by rule

shall adopt a schedule of the disciplinary sanctions that the

board may impose under this chapter. In adopting the schedule of

sanctions, the board shall ensure that the severity of the

sanction imposed is appropriate to the type of violation or

conduct that is the basis for disciplinary action.

(b) In determining the appropriate disciplinary action,

including the amount of any administrative penalty to assess, the

board shall consider whether the person:

(1) is being disciplined for multiple violations of either this

chapter or a rule or order adopted under this chapter; or

(2) has previously been the subject of disciplinary action by

the board.

(1) Subsection (b)(1), the board shall consider taking a more

severe disciplinary action, including revocation of the person's

license, than the disciplinary action that would be taken for a

single violation; and

(2) Subsection (b)(2), the board shall consider taking a more

severe disciplinary action, including revocation of the person's

license, than the disciplinary action that would be taken for a

person who has not previously been the subject of disciplinary

action by the board.

(d) The State Office of Administrative Hearings shall use the

schedule for any sanction imposed as the result of a hearing

conducted by that office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

143, Sec. 20, eff. September 1, 2005.

Sec. 501.405. APPEAL. An appeal of an action of the board is

governed by Chapter 2001, Government Code.

Acts

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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