CHAPTER 504. CHEMICAL DEPENDENCY COUNSELORS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE I. REGULATION OF PSYCHOLOGY AND COUNSELING

CHAPTER 504. CHEMICAL DEPENDENCY COUNSELORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 504.001. DEFINITIONS. In this chapter:

(1) "Certified clinical supervisor" means a person certified in

accordance with Section 504.1521.

(2) "Chemical dependency counseling" means assisting an

individual or group to:

(A) develop an understanding of chemical dependency problems;

(B) define goals; and

abilities, and needs as affected by claimed or indicated chemical

dependency problems.

(3) "Chemical dependency counselor" means a person licensed

under this chapter.

(4) "Clinical training institution" means a person registered

with the department in accordance with Section 504.1521 to

supervise a counselor intern.

(5) "Commissioner" means the commissioner of state health

services.

(6) "Counselor intern" means a person registered with the

department in accordance with Section 504.1515.

(7) "Department" means the Department of State Health Services.

(8) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(9) "Peer assistance program" means a program approved by the

department under Section 504.057.

(10) "Person" means an individual, corporation, partnership,

association, or other business or professional entity.

(11) "Practice of chemical dependency counseling" means

providing or offering to provide chemical dependency counseling

services involving the application of the principles, methods,

and procedures of the chemical dependency counseling profession.

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

Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 1, eff. Sept. 1,

2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 1, eff. September 1, 2007.

Sec. 504.002. EXEMPTIONS; APPLICABILITY. (a) A person is

exempt from this chapter if the person does not:

(1) directly or indirectly represent to the public that the

person is licensed under this chapter; and

(2) use any name, title, or designation indicating that the

person is licensed under this chapter.

(b) This chapter does not apply to an activity or service of a

person who:

(1) is employed as a counselor by a federal institution and is

providing chemical dependency counseling within the scope of the

person's employment;

(2) except as provided by Section 504.1515, is a student,

intern, or trainee pursuing a supervised course of study in

counseling at a regionally accredited institution of higher

education or training institution, if the person:

(A) is designated as a "counselor intern"; and

(B) is engaging in the activity or providing the service as part

of the course of study;

(3) is not a resident of this state, if the person:

(A) engages in the activity or provides the service in this

state for not more than 30 days during any year; and

(B) is authorized to engage in the activity or provide the

service under the law of the state of the person's residence;

(4) is a licensed physician, psychologist, professional

counselor, or social worker;

(5) is a religious leader of a congregation providing pastoral

chemical dependency counseling within the scope of the person's

duties;

(6) is working for or providing counseling with a program exempt

under Subchapter C, Chapter 464, Health and Safety Code; or

(7) is a school counselor certified by the State Board for

Educator Certification.

under this chapter is subject to this chapter to the same extent

as any other person who obtains a license under this chapter.

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

Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 2, eff. September 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND

DEPARTMENT

Sec. 504.051. GENERAL POWERS AND DUTIES OF EXECUTIVE

COMMISSIONER. The executive commissioner shall:

(1) adopt rules as necessary for the performance of its duties

under this chapter;

(2) establish standards of conduct and ethics for persons

licensed under this chapter; and

(3) establish any additional criteria for peer assistance

programs for chemical dependency counselors that the executive

commissioner determines necessary.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.0515. GENERAL POWERS AND DUTIES OF DEPARTMENT. The

department shall:

(1) enforce rules as necessary for the performance of its duties

under this chapter; and

(2) ensure strict compliance with and enforcement of this

chapter.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an action or

making a decision under this chapter, the executive commissioner,

commissioner, and department shall do so without regard to the

sex, race, religion, national origin, color, or political

affiliation of the person affected. For purposes of this

section, taking an action or making a decision under this chapter

includes:

(1) considering a license application;

(2) conducting an examination;

(3) adopting or enforcing a rule; and

(4) conducting a disciplinary proceeding.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.053. FEES; ACCOUNT. (a) The executive commissioner

shall set application, examination, license renewal, and other

fees in amounts sufficient to cover the costs of administering

this chapter. The amount of the license renewal fee may not

exceed $200.

(b) General revenue taxes may not be used to administer this

chapter.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.054. COLLECTION ACTION. A district court in Travis

County has exclusive jurisdiction of an action to collect an

obligation owed to the department, including an administrative

penalty assessed under Subchapter G.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.055. OFFICIAL ROSTER. (a) The department may prepare

and publish a roster showing the name and address, as reflected

by the department's records, of each chemical dependency

counselor.

(b) If the department publishes a roster under this section, the

department shall mail a copy of the roster to each person

licensed by the department and shall file a copy of the roster

with the secretary of state.

each fee assessed against the person under this chapter is

current and paid in full at the time the roster is sent to the

printer or publisher.

(d) The department may charge a fee for the roster published

under this section.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.056. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The executive commissioner may not adopt a rule

restricting advertising or competitive bidding by a person

regulated by the department under this chapter except to prohibit

a false, misleading, or deceptive practice.

(b) The executive commissioner may not include in rules adopted

under this chapter a rule that:

(1) restricts the person's use of any advertising medium;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the person's advertisement under a trade name.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a) The

department shall approve one or more peer assistance programs

established by the department or a professional association in

accordance with Chapter 467, Health and Safety Code, from which

persons licensed under this chapter may seek assistance.

(b) The department shall approve a peer assistance program that:

(1) meets the minimum criteria established by the executive

commissioner or department under Chapter 467, Health and Safety

Code;

(2) meets any additional criteria established by the executive

commissioner or department for chemical dependency counselors

licensed under this chapter; and

(3) is designed to assist a chemical dependency counselor whose

ability to perform a professional service is impaired by abuse of

or dependency on drugs or alcohol.

assistance programs for licensed chemical dependency counselors

on the department's Internet website.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND

COMPLAINT PROCEDURES

Sec. 504.101. CONSUMER INTEREST INFORMATION. (a) The

department shall prepare information of consumer interest

describing the regulatory functions of the department and the

procedures by which consumer complaints are filed with and

resolved by the department.

(b) The department 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 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.102. CONSUMER INFORMATION FOR FILING COMPLAINTS. Each

person licensed under this chapter shall display prominently at

all times in the person's place of business a sign containing:

(1) the name, mailing address, and telephone number of the

department; and

(2) a statement informing a consumer that a complaint against a

person licensed under this chapter may be directed to the

department.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

Sec. 504.103. RECORDS OF COMPLAINTS. (a) The department shall

keep information about each complaint filed with the department.

The information must include:

(1) the date the complaint is received;

(2) the name of the complainant;

(3) the subject matter of the complaint;

(4) a record of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) for a complaint for which the department took no action, an

explanation of the reason the complaint was closed without

action.

(b) The department shall keep an information file about each

complaint filed with the department that the department has

authority to resolve.

disposition of the complaint, shall notify the person filing the

complaint and each person or entity that is the subject of the

complaint of the status of the complaint unless the notice would

jeopardize an undercover investigation.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 3, eff. September 1, 2007.

SUBCHAPTER D. LICENSE AND REGISTRATION REQUIREMENTS

Sec. 504.151. LICENSE REQUIRED; USE OF TITLE. (a) A person may

not engage in the practice of chemical dependency counseling

unless the person is licensed as a chemical dependency counselor

under this chapter.

(b) A person, other than a person licensed under this chapter or

exempt from the application of this chapter, may not use:

(1) the term "chemical dependency counselor" or any combination,

variation, or abbreviation of that term as a professional,

business, or commercial identification, name, title, or

representation; or

(2) any letter, abbreviation, work symbol, slogan, sign, or any

combination or variation likely to create the impression that the

person is authorized to practice chemical dependency counseling

or is a licensed chemical dependency counselor.

dependency counseling in accordance with this chapter, the person

may not:

(1) hold the person out to the public as engaged in the practice

of chemical dependency counseling;

(2) offer chemical dependency counseling services, including

offering those services under an assumed, trade, business,

professional, partnership, or corporate name or title; or

(3) use the term "licensed chemical dependency counselor," the

abbreviation "LCDC," or any combination or variation of that term

or abbreviation in connection with the person's practice.

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

Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A

license issued under this chapter must include an area on which a

license holder may apply an adhesive label issued by the Texas

Certification Board of Addiction Professionals with the

designation and expiration date of any other related

certification held by the license holder that is approved by the

International Certification Reciprocity Consortium or another

entity approved by the department.

Added by Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 4, eff. September 1, 2007.

Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a

license as a chemical dependency counselor shall register with

the department as a counselor intern by submitting, in a form

acceptable to the department, the following:

(1) an application fee and a background investigation fee;

(2) a completed, signed, dated, and notarized application on a

form prescribed by the department;

(3) a recent full-face wallet-sized photograph of the applicant;

(4) two sets of fingerprints completed in accordance with

department instructions on cards issued by the department;

(5) documentation verifying the applicant successfully

completed:

(A) 270 total hours of approved curricula described by Section

504.152(3)(A); and

(B) 300 hours of approved supervised field work practicum

described by Section 504.152(3)(C); and

(6) documentation verifying the applicant received a high school

diploma or its equivalent.

(b) The department may obtain criminal history record

information relating to a counselor intern or an applicant for

registration as a counselor intern from the Department of Public

Safety and the Federal Bureau of Investigation.

Acts 2003, 78th Leg., ch. 1172, Sec. 3, eff. Sept. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 5, eff. September 1, 2007.

Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be eligible for

a license under this chapter, a person must:

(1) be at least 18 years of age;

(2) hold an associate degree or a more advanced degree;

(3) have completed:

(A) 135 hours, or nine semester hours, specific to substance

abuse disorders and treatment and an additional 135 hours, or

nine semester hours, specific or related to chemical dependency

counseling;

(B) 4,000 hours of approved supervised experience working with

chemically dependent persons; and

(4) provide two letters of reference from chemical dependency

counselors;

(5) pass a written examination approved by the department;

(6) submit a case presentation to the test administrator;

(7) pass an oral examination approved by the department;

(8) be determined by the department to be worthy of the public

trust and confidence;

(9) successfully complete the chemical dependency counselor

examination under Section 504.156;

(10) sign a written agreement to comply with the standards of

ethics approved by the department; and

(11) provide to the department written assurance that the

applicant has access to a peer assistance program.

(b) The department may waive the requirement under Subsection

(a)(11) if the department determines that a peer assistance

program is not reasonably available to the license holder.

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

Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 4, eff. Sept. 1,

2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 5, eff. September 1, 2007.

Sec. 504.1521. SUPERVISED WORK EXPERIENCE. (a) A counselor

intern shall obtain the supervised work experience required under

Section 504.152 that is obtained in this state at a clinical

training institution or under the supervision of a certified

clinical supervisor.

(b) The executive commissioner shall adopt rules necessary to:

(1) register clinical training institutions that meet the

criteria established by the executive commissioner, commissioner,

or department to protect the safety and welfare of the people of

this state; and

(2) certify clinical supervisors who hold certification

credentials approved by the department or by a person designated

by the department, such as the International Certification and

Reciprocity Consortium or another person that meets the criteria

established by the executive commissioner, commissioner, or

department to protect the safety and welfare of the people of

this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 6, eff. September 1, 2008.

Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE, REGISTRATION, OR

CERTIFICATION REFUSAL; EXCEPTION. (a) Except as provided by

Subsection (b), the department may not issue a license,

registration, or certification under this chapter to an applicant

who has been:

(1) convicted or placed on community supervision during the five

years preceding the date of application in any jurisdiction for

an offense equal to a Class B misdemeanor specified by executive

commissioner rule;

(2) convicted or placed on community supervision in any

jurisdiction for an offense equal to or greater than a Class A

misdemeanor specified by executive commissioner rule; or

(3) found to be incapacitated by a court on the basis of a

mental defect or disease.

(b) The department may issue a license to a person convicted or

placed on community supervision in any jurisdiction for a drug or

alcohol offense described by Subsection (a)(1) or (2) if the

department determines that the applicant has successfully

completed participation in an approved peer assistance program.

respect to Subsection (a)(1) or (2), received a full pardon based

on the person's wrongful conviction or, with respect to

Subsection (a)(3), been found by a court to no longer be

incapacitated.

Added by Acts 2001, 77th Leg., ch. 1107, Sec. 3, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 7, eff. September 1, 2007.

Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF LICENSE

REQUIREMENT SATISFACTION. (a) An applicant is exempt from the

requirements of Sections 504.152(3)(A) and (C) if the applicant

holds a baccalaureate degree or a more advanced degree in:

(1) chemical dependency counseling; or

(2) psychology, sociology, or any other related program approved

by the department.

(b) On presentation of documentation by an applicant who holds a

degree described by Subsection (a), the department may waive any

portion of the requirement established by Section 504.152(3)(B)

that the department determines has been satisfied as evidenced by

the documentation.

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

Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 5, eff. Sept. 1,

2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 7, eff. September 1, 2007.

Sec. 504.155. LICENSE APPLICATION. (a) An application for a

license under this chapter must:

(1) be on a form prescribed and furnished by the department; and

(2) contain a statement made under oath of the applicant's

education, experience, and other qualifications established by

the department as required for a license under this chapter.

(b) The department may require additional information regarding

the quality, scope, and nature of the experience and competence

of the applicant if the department determines that a person's

application lacks sufficient information for consideration by the

department.

information relating to an applicant for a license under this

chapter from the Department of Public Safety and the Federal

Bureau of Investigation. The department may deny an application

for a license if the applicant fails to provide two complete sets

of fingerprints on a form prescribed by the department.

(d) The issuance of a license by the department is conditioned

on the receipt by the department of the applicant's criminal

history record information.

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

Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 4, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 7, eff. September 1, 2007.

Sec. 504.156. LICENSE EXAMINATION. (a) At least twice each

year, the department may prepare and administer or contract with

an organization approved by the International Certification

Reciprocity Consortium to prepare and administer an examination

to determine the qualifications of an applicant for a license

under this chapter. The examination shall be conducted as

determined by the department and in a manner that is fair and

impartial to and takes into consideration each school or system

of chemical dependency counseling.

(b) An examiner may know an applicant only by number until after

the examination has been graded and the licenses have been

granted or denied.

to ensure professional competence in keeping with the highest

standards of the chemical dependency counseling profession.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 8, eff. September 1, 2007.

Sec. 504.157. EXAMINATION RESULTS; REEXAMINATION. (a) The

department shall notify each examinee of the results of the

examination not later than the 45th day after the date the

examination is administered.

(b) If requested by an applicant who fails the examination, the

department shall furnish the applicant with an analysis of the

applicant's performance on the examination.

examination on payment of the required examination fee.

(d) The executive commissioner by rule shall establish the

criteria under which an applicant may take a subsequent

examination under Subsection (c).

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

Amended by Acts 2001, 77th Leg., ch. 949, Sec. 1, eff. June 14,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 9, eff. September 1, 2007.

Sec. 504.158. PROVISIONAL LICENSE. (a) The department may

issue a provisional license to an applicant who is licensed in

another state. An applicant for a provisional license under this

section must:

(1) be licensed in good standing as a chemical dependency

counselor at least two years in another state or country that has

licensing requirements substantially equivalent to the

requirements of this chapter;

(2) have passed a national or other examination recognized by

the department relating to the practice of chemical dependency

counseling; and

(3) be sponsored by a person licensed by the department under

this chapter with whom the provisional license holder may

practice.

(b) The department may waive the requirement of Subsection

(a)(3) if the department determines that compliance with that

subsection would constitute a hardship to the applicant.

in an amount reasonable and necessary to cover the cost of

issuing the license.

(d) A provisional license is valid until the date the department

approves or denies the provisional license holder's application

for a license under Section 504.159.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 9, eff. September 1, 2007.

Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.

(a) The department shall issue a license under this chapter to

a provisional license holder who satisfies the eligibility

requirements established by Section 504.152. When issuing a

license under this subsection, the department may waive the

requirements established by Sections 504.152(6), (7), and (9).

(b) The department shall complete the processing of a

provisional license holder's application for a license not later

than the 180th day after the date the provisional license is

issued. The department may extend the 180-day period if the

department has not received information necessary to determine

whether the applicant is eligible for a license as provided by

Subsection (a).

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 9, eff. September 1, 2007.

Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE

APPLICANTS. (a) The department may, on application and payment

of the appropriate fee, issue a license to a person who is

licensed or certified by another state as a chemical dependency

counselor if the department determines that the license or

certificate requirements of that state are substantially

equivalent to the requirements of this chapter.

(b) The department may waive any license requirement for an

applicant with a license or certificate issued by another state

with which this state has a reciprocity agreement.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 9, eff. September 1, 2007.

Sec. 504.161. CRIMINAL HISTORY RECORD INFORMATION. (a) The

department may obtain criminal history record information as

provided by Section 411.1105, Government Code, and consider that

information in determining a person's license, registration, or

certification status under this chapter.

(b) The department may charge a person on whom criminal history

record information is sought a fee in an amount set by the

department as reasonably necessary to cover the costs of

administering this section. A fee collected under this

subsection may be appropriated only to the department to

administer this section.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 9, eff. September 1, 2007.

SUBCHAPTER E. LICENSE EXPIRATION AND RENEWAL

Sec. 504.201. LICENSE EXPIRATION. (a) A license issued under

this chapter expires on the second anniversary of the date of

issuance. The executive commissioner by rule shall adopt a

system under which licenses expire on various dates during the

year.

(b) A person may not engage in activities that require a license

if the person's license has expired and is not renewed as

provided by this subchapter.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 10, eff. September 1, 2007.

Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS TO

RENEW. Not later than the 31st day before the expiration date of

a person's license, the department shall send to the license

holder at the license holder's last known address according to

department records written notice of:

(1) the impending license expiration;

(2) the amount of the renewal fee; and

(3) any continuing education required to renew the license.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 11, eff. September 1, 2007.

Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE,

REGISTRATION, OR CERTIFICATION. (a) Except as provided by

Subsection (b), the department shall refuse to renew a license,

registration, or certification under this chapter on receipt of

information from the Department of Public Safety or another law

enforcement agency that the person has been convicted, placed on

community supervision, or found to be incapacitated as described

by Section 504.1525.

(b) The department may renew a license under this chapter if the

department determines that the person has successfully completed

participation in an approved peer assistance program subsequent

to the conviction or placement on community supervision for an

offense described by Section 504.1525(b).

Added by Acts 2001, 77th Leg., ch. 1107, Sec. 5, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 11, eff. September 1, 2008.

Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER

ASSISTANCE PROGRAM. (a) Except as provided by Subsection (b),

the department may not renew a license under this chapter unless

the license holder provides to the department written

documentation that the license holder has access to an approved

peer assistance program.

(b) The department may waive the requirement of Subsection (a)

if the department determines that a peer assistance program is

not reasonably available to the license holder.

Added by Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 12, eff. September 1, 2007.

Sec. 504.203. LICENSE RENEWAL. (a) A person who is otherwise

eligible to renew a license may renew an unexpired license by

paying the required renewal fee to the department before the

expiration date of the license.

(b) If the person's license has been expired for 90 days or

less, the person may renew the license by paying to the

department a fee in an amount equal to one and one-half times the

required renewal fee.

days but less than one year, the person may renew the license by

paying to the department a fee in an amount equal to two times

the required renewal fee.

(d) If the person's license has been expired for one year or

more, the person 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.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 13, eff. September 1, 2007.

Sec. 504.204. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE

PRACTITIONER. (a) The department 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 applies for renewal.

(b) The person must pay to the department a fee in an amount

equal to two times the required renewal fee for the license.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 14, eff. September 1, 2007.

Sec. 504.205. CONTINUING EDUCATION REQUIREMENTS. (a) The

department shall recognize, prepare, or administer a continuing

education program for chemical dependency counselors. The

executive commissioner by rule shall provide for the

administration of the continuing education requirements

established under this section.

(b) As a prerequisite for renewal of a license issued under this

chapter, a license holder, other than a license holder subject to

Subsection (c), must participate in the continuing education

program and complete continuing education hours in each two-year

licensing period as follows:

(1) 40 hours if the license holder holds an associate's or

bachelor's degree; and

(2) 24 hours if the license holder holds a master's degree or a

more advanced degree.

continuing education in each two-year licensing period as a

requirement for renewal of the license if the license holder is

also licensed as:

(1) a licensed master social worker under Chapter 505;

(2) a licensed marriage and family therapist under Chapter 502;

(3) a licensed professional counselor under Chapter 503;

(4) a physician practicing medicine under Subtitle B; or

(5) a psychologist under Chapter 501.

(d) Except for the number of hours required, the executive

commissioner may not adopt a rule under Subsection (a) that

distinguishes between the continuing education requirements for a

license holder subject to Subsection (b) and a license holder

subject to Subsection (c).

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.266(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 15, eff. September 1, 2007.

Sec. 504.206. CONTINUING EDUCATION RELATING TO HIV, HEPATITIS C,

AND SEXUALLY TRANSMITTED DISEASES. (a) The continuing education

required under Section 504.205 must include six hours of training

during each two-year licensing period relating to HIV, hepatitis

C, and sexually transmitted diseases.

(b) The department shall recognize, prepare, or administer a

training component that satisfies the requirement of Subsection

(a) for use in continuing education for chemical dependency

counselors.

sexually transmitted diseases in the context of chemical

dependency counseling and must provide information relating to

the special needs of persons with positive test results,

including the importance of prevention, early intervention, and

treatment and recognition of psychosocial needs. The training

component must prepare a chemical dependency counselor to provide

appropriate information to educate clients about HIV, hepatitis

C, and sexually transmitted diseases.

(d) In developing the training component, the department may, to

the extent appropriate, consider the training course relating to

hepatitis C developed by the department under Section 94.002,

Health and Safety Code.

Added by Acts 2001, 77th Leg., ch. 194, Sec. 1, eff. May 21,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 16, eff. September 1, 2007.

SUBCHAPTER F. DISCIPLINARY PROCEEDINGS

Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR

CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The department

shall refuse to issue a license, registration, or certification

issued by the department to an applicant, refuse to renew a

license, registration, or certification holder's license,

registration, or certification issued by the department, or take

disciplinary action against the holder of a license,

registration, or certification issued by the department if the

applicant or license, registration, or certification holder:

(1) violates or assists another to violate this chapter or a

rule adopted under this chapter;

(2) circumvents or attempts to circumvent this chapter or a rule

adopted under this chapter;

(3) directly or indirectly participates in a plan to evade this

chapter or a rule adopted under this chapter;

(4) has a license to practice chemical dependency counseling in

another jurisdiction refused, suspended, or revoked for a reason

that the department determines would constitute a violation of

this chapter or a rule adopted under this chapter;

(5) engages in false, misleading, or deceptive conduct as

defined by Section 17.46, Business & Commerce Code;

(6) engages in conduct that discredits or tends to discredit the

profession of chemical dependency counseling;

(7) directly or indirectly reveals a confidential communication

made to the person by a client or recipient of services, except

as required by law;

(8) refuses to perform an act or service the person is licensed,

registered, or certified to perform under this chapter on the

basis of the client's or recipient's age, sex, race, religion,

national origin, color, or political affiliation; or

(9) 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 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

Sec. 504.252. DISCIPLINARY POWERS OF DEPARTMENT. (a) On a

determination that grounds exist to deny a license, registration,

or certification issued by the department or license,

registration, or certification renewal issued by the department

or to take disciplinary action against the holder of a license,

registration, or certification issued by the department, the

department may:

(1) refuse to issue or renew a license, registration, or

certification;

(2) revoke or suspend a license, registration, or certification;

(3) place on probation a license, registration, or certification

holder whose license, registration, or certification is

suspended; or

(4) reprimand a license, registration, or certification holder.

(b) If the department places on probation a license,

registration, or certification holder whose license,

registration, or certification issued by the department is

suspended, the department may require the license, registration,

or certification holder to:

(1) report regularly to the department on matters that are the

basis of the probation;

(2) limit practice to the areas prescribed by the department; or

(3) continue or review professional education until the license,

registration, or certification holder attains a degree of skill

satisfactory to the department in the areas that are the basis of

the probation.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

Sec. 504.2525. SUMMARY LICENSE, REGISTRATION, OR CERTIFICATION

SUSPENSION. (a) The department shall suspend the license,

registration, or certification issued by the department of a

license, registration, or certification holder if the department

receives written notice from the Department of Public Safety or

another law enforcement agency that the license, registration, or

certification holder has been charged, indicted, placed on

deferred adjudication, community supervision, or probation, or

convicted of an offense described by Section 504.1525.

(b) To initiate a proceeding to take action under Subsection

(a), the department must serve notice on the license,

registration, or certification holder. The notice must:

(1) state the grounds for summary suspension; and

(2) be personally served on the license, registration, or

certification holder or sent to the license, registration, or

certification holder by certified or registered mail, return

receipt requested, to the license, registration, or certification

holder's mailing address as it appears in the department's

records.

The license, registration, or certification holder is entitled to

appeal the suspension as provided by Section 504.255.

Added by Acts 2001, 77th Leg., ch. 1107, Sec. 6, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

Sec. 504.253. COMPLAINT AND INVESTIGATION. (a) A person may

file a complaint with the department alleging a violation of this

chapter. The complaint must be in writing and under oath.

(b) The department shall provide to the person filing the

complaint and to each person or entity that is the subject of the

complaint the department's policies and procedures pertaining to

complaint investigation and resolution.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

Sec. 504.254. RIGHT TO ADMINISTRATIVE HEARING. (a) If the

department proposes to suspend, revoke, or refuse to renew a

person's license, registration, or certification issued by the

department, the person is entitled to a hearing conducted by the

State Office of Administrative Hearings.

(b) Procedures for disciplinary action are governed by Chapter

2001, Government Code. Rules of practice adopted by the

executive commissioner under Section 2001.004, Government Code,

applicable to the proceedings for a disciplinary action may not

conflict with rules adopted by the State Office of Administrative

Hearings.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

Sec. 504.255. APPEAL OF CERTAIN DENIALS, REFUSALS TO RENEW, AND

SUSPENSIONS. (a) A person whose license, registration, or

certification application is denied under Section 504.1525, whose

license, registration, or certification renewal is refused under

Section 504.2025, or whose license, registration, or

certification is suspended under Section 504.2525 may appeal the

denial, refusal to renew, or suspension on the grounds that:

(1) the sole basis for the department's determination is a

conviction or placement on community supervision for an offense

described by Section 504.1525; and

(2) sufficient time, as determined by executive commissioner

rule, has expired since the date of the conviction or placement.

(b) A proceeding under this section is governed by Chapter 2001,

Government Code.

determine that the person is entitled to a license, registration,

or certification under this chapter.

Added by Acts 2001, 77th Leg., ch. 1107, Sec. 7, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 17, eff. September 1, 2007.

SUBCHAPTER G. ADMINISTRATIVE PENALTY

Sec. 504.301. IMPOSITION OF PENALTY. The department may impose

an administrative penalty on a person who violates this chapter

or a rule adopted under this chapter.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.302. AMOUNT OF PENALTY. (a) The amount of the

administrative penalty may not exceed $1,000 for each violation.

Each day of a continuing violation is a separate violation.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

(4) efforts made to correct the violation; and

(5) any other matter that justice requires.

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

Sec. 504.303. NOTICE OF VIOLATION AND PENALTY. If, after

investigation of a possible violation and the facts surrounding

the possible violation, the department determines that a

violation occurred, the department shall give written notice of

the violation to the person alleged to have committed the

violation. The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the proposed administrative penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not

later than the 20th day after the date the person receives the

notice under Section 504.303, the person may:

(1) accept the department's determination and proposed

administrative penalty; or

(2) make a written request for a hearing on that determination.

(b) If the person accepts the department's determination, the

commissioner or the commissioner's designee by order shall

approve the determination and assess the proposed penalty.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.305. HEARING. (a) If the person requests a hearing in

a timely manner, the department shall set a hearing and give

written notice of the hearing to the person.

(b) The department may employ a hearings examiner for this

purpose.

(1) make findings of fact and conclusions of law; and

(2) promptly issue to the commissioner or the commissioner's

designee a proposal for decision as to the occurrence of the

violation and the amount of any proposed administrative penalty.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.306. DECISION BY DEPARTMENT. (a) Based on the

findings of fact, conclusions of law, and recommendations of the

hearings examiner, the commissioner or the commissioner's

designee by order may determine that:

(1) a violation occurred and assess an administrative penalty;

(2) a violation did not occur.

(b) The department shall give notice of the order to the person.

The notice must include:

(1) separate statements of the findings of fact and conclusions

of law;

(2) the amount of any penalty assessed; and

(3) a statement of the person's right to judicial review of the

order.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Not later than the 30th day after the date the department's order

becomes final, the person shall:

(1) pay the administrative penalty;

(2) pay the penalty and file a petition for judicial review

contesting the fact of the violation, the amount of the penalty,

or both; or

(3) without paying the penalty, file a petition for judicial

review contesting the fact of the violation, the amount of the

penalty, or both.

(b) Within the 30-day period, a person who acts under Subsection

(a)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving to the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until judicial review of the order is final;

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the department by

certified mail.

Subsection (b)(2), the department may file with the court a

contest to the affidavit not later than the fifth day after the

date the copy is received.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay enforcement of

the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 18, eff. September 1, 2007.

Sec. 504.308. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced penalty.

(b) If the court does not sustain the determination that a

violation occurred, the court shall order that a penalty is not

owed.

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

Sec. 504.309. REMITTANCE OF PENALTY AND INTEREST. (a) If after

judicial review the administrative penalty is reduced or not

imposed by the court, the court shall, after the judgment becomes

final:

(1) order that the appropriate amount be remitted to the person

if the person paid the penalty, plus accrued interest if the

person paid the penalty under Section 504.307(a)(2); or

(2) order the release of the bond in full if the penalty is not

imposed or order the release of the bond after the person pays

the penalty imposed if the person posted a supersedeas bond.

(b) The interest paid under Subsection (a)(1) is the rate

charged on loans to depository institutions by the New York

Federal Reserve Bank. The interest shall be paid for the period

beginning on the date the penalty is paid and ending on the date

the penalty is remitted.

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

Sec. 504.310. COLLECTION OF PENALTY. (a) In this section,

"reasonable expenses and costs" includes expenses incurred by the

department and the attorney general in the investigation,

initiation, or prosecution of an action, including reasonable

investigative costs, court costs, attorney's fees, witness fees,

and deposition expenses.

(b) If the person does not pay the administrative penalty and

the enforcement of the penalty is not stayed under Section

504.307, the department may refer the matter to the attorney

general for collection of the penalty.

against a person in an administrative hearing if, as a result of

the hearing, an administrative penalty is assessed against the

person. The person shall pay expenses and costs assessed under

this subsection not later than the 30th day after the date the

order of the commissioner or the commissioner's designee

requiring the payment of expenses and costs is final. The

department may refer the matter to the attorney general for

collection of expenses and costs.

(d) If the attorney general brings an action against a person to

enforce an administrative penalty assessed under this chapter and

the person is found liable for the administrative penalty, the

attorney general may recover, on behalf of the attorney general

and the department, reasonable expenses and costs.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 19, eff. September 1, 2007.

Sec. 504.311. ADMINISTRATIVE PROCEDURE. A proceeding to assess

an administrative penalty under this subchapter is subject to

Chapter 2001, Government Code.

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

SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 504.351. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If it

appears that a person has violated, is violating, or is

threatening to violate this chapter or a rule adopted under this

chapter, the department or the attorney general at the request of

the department may institute an action in district court for an

injunction, a civil penalty, or both.

(b) On application for injunctive relief and a finding that a

person is violating or threatening to violate this chapter or a

rule adopted under this chapter, the district court may grant

injunctive relief as the facts warrant. The department is not

required to give an appeal bond in an appeal of an action seeking

injunctive relief under this section.

not be less than $50 or more than $500 for each day of the

violation.

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

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 20, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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