Tex. OCC Code § 501.001. SHORT TITLE.
This chapter may be cited as the Psychologists' Licensing Act.
PSYCHOLOGISTS
Tex. OCC Code ch. 501
in effectTex. OCC Code § 501.002. DEFINITIONS.
In this chapter:
(1) "Board" means the Texas State Board of Examiners of Psychologists.
(1-a) "Executive council" means the Texas Behavioral Health Executive Council.
(2) "School psychologist" means a person who holds a license to engage in the practice of psychology under Section 501.260 .
(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(1), eff. September 1, 2019.
(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 .
Tex. OCC Code § 501.003. DEFINITION: PRACTICE OF PSYCHOLOGY.
(a) In this chapter:
(1) "Practice of psychology" means:
(A) the observation, description, diagnosis, evaluation, assessment, interpretation, or treatment of and intervention in human behavior by applying education, training, methods, and procedures for the purpose of:
(i) preventing, predicting, treating, remediating, or eliminating:
(a) symptomatic, maladaptive, or undesired behavior;
(b) emotional, interpersonal, learning, substance use, neuropsychological, cognitive, or behavioral disorders or disabilities, including those that accompany medical problems; or
(c) mental illness;
(ii) evaluating, assessing, or facilitating, by a license holder or a person who represents the person to the public by a title or description of services that includes the word "psychological," "psychologist," or "psychology," the enhancement of individual, group, or organizational effectiveness, including evaluating, assessing, or facilitating:
(a) personal effectiveness;
(b) adaptive behavior;
(c) interpersonal relationships;
(d) academic, vocational, and life adjustment;
(e) health; or
(f) individual, group, or organizational performance;
(iii) providing psychological, neuropsychological, and psychoeducational evaluation, therapy, and remediation as well as counseling, psychoanalysis, psychotherapy, hypnosis, and biofeedback; or
(iv) consulting with others, including other mental health professionals, physicians, school personnel, or organizations within the scope of the provider's competency and training with respect to services provided for a specific individual; or
(B) the supervision of an activity or service described by Paragraph (A).
(2) "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 if the person:
(1) when providing or offering to provide psychological services to another in a professional relationship, 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 in a professional relationship;
(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.
(c) A person is not engaged in the practice of psychology based solely on the person offering, regardless of whether the person is solicited, advice, counsel, or guidance addressing or affecting the mental, emotional, or behavioral health of another, if the person does not represent that the person is licensed under this chapter or engaged in the delivery of psychological services and does not represent that the advice, counsel, or guidance is psychological in nature, and:
(1) the advice, counsel, or guidance is not offered in the context of a professional relationship;
(2) if the person is offering the advice, counsel, or guidance in connection with the person's occupation, the primary focus of the occupation is not the delivery of mental, emotional, or behavioral health care services; or
(3) the advice, counsel, or guidance is offered through an organized or structured program or peer support service that is designed to support or assist a person with a self-identified goal of changing or improving certain aspects of the person's mental, emotional, or behavioral health.
Tex. OCC Code § 501.004. APPLICABILITY.
(a) This chapter does not apply to:
(1) the activity or service of a person, or the use of an official title by the person, who is employed as a psychologist or psychological associate by a regionally accredited institution of higher education if the person performs duties the person is employed by the institution to perform within the confines of the institution;
(2) the activity or service of a student, intern, or resident in psychology if:
(A) the person is pursuing a course of study to prepare for the profession of psychology under qualified supervision in a recognized training institution or facility;
(B) the activity or service is part of the person's supervised course of study; and
(C) the person is designated as a "psychological intern," as a "psychological trainee," or by another title that clearly indicates the person's training status;
(3) the activity or service of a licensed professional, other than a person licensed under this chapter, if:
(A) the activity or service is permitted under the person's license; and
(B) the person does not represent that the person is a psychologist or describe the service provided by using the term "psychological";
(4) the activity or service of a recognized member of the clergy who is acting within the person's ministerial capabilities if the person does not:
(A) represent that the person is a psychologist; or
(B) describe the service provided by using the term "psychological";
(5) the voluntary activity or service of a person employed by or working on behalf of a charitable nonprofit organization if the person does not:
(A) represent that the person is a psychologist; or
(B) describe the service provided by using the term "psychological"; or
(6) the activity or service of a person who is employed by a governmental agency if the person:
(A) performs duties the person is employed by the agency to perform within the confines of the agency; and
(B) does not represent that the person is a psychologist.
(b) For purposes of Subsection (a)(3), a licensed professional includes:
(1) a physician;
(2) an attorney;
(3) a registered nurse;
(4) a licensed vocational nurse;
(5) an occupational therapist;
(6) a licensed social worker;
(7) a licensed professional counselor;
(8) a career counselor;
(9) a licensed marriage and family therapist; and
(10) a licensed chemical dependency counselor.
(c) This chapter does not authorize the practice of medicine as defined by the laws of this state.
Acts 2013, 83rd Leg., R.S., Ch. 883 (H.B. 807 ), Sec. 2, eff. June 14, 2013.
SUBCHAPTER B. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Tex. OCC Code § 501.051. BOARD MEMBERSHIP.
(a) The Texas State Board of Examiners of Psychologists consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1) four psychologist members who have engaged in independent practice, teaching, or research in psychology for at least five years;
(2) two psychological associate members who have been licensed as psychological associates under this chapter for at least five years; and
(3) three members who represent the public.
(a-1) One of the members appointed under Subsection (a)(1) or (a)(2) must practice as a school psychologist under Section 501.260 .
(b) To ensure adequate representation on the board of the diverse fields of psychology, the governor in making appointments under Subsection (a)(1) shall appoint:
(1) at least two members who provide psychological services;
(2) at least one member who conducts research in the field of psychology; and
(3) at least one member who teaches as a member of the faculty of a psychological training institution.
(c) Each member of the board must be a citizen of the United States.
(d) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 2013, 83rd Leg., R.S., Ch. 869 (H.B. 646 ), Sec. 1, eff. June 14, 2013.
Tex. OCC Code § 501.052. ELIGIBILITY OF PUBLIC MEMBERS.
A person is not eligible for appointment as a public member of the board if:
(1) the person is registered, certified, or licensed by an occupational regulatory agency in the field of health services;
(2) the person's spouse is registered, certified, or licensed by an occupational regulatory agency in the field of mental health; or
(3) the person or the person's spouse:
(A) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;
(B) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or
(C) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Tex. OCC Code § 501.053. MEMBERSHIP RESTRICTIONS.
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b) A person may not be a member of the board if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health services; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of mental health.
(c) A person may not be a member of the board if the person is required to register as a lobbyist under Chapter 305 , Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Tex. OCC Code § 501.054. TERMS; VACANCY.
(a) Members of the board serve staggered six-year terms, with the terms of three members expiring October 31 of each odd-numbered year.
(b) A member who is appointed for a term of less than six years may be reappointed to one successive full six-year term. A member who is appointed for a full six-year term may not be reappointed for the six years following the expiration of the member's term.
(c) If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
Tex. OCC Code § 501.055. GROUNDS FOR REMOVAL.
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the qualifications required by Sections 501.051 and 501.052 ;
(2) does not maintain during service on the board the qualifications required by Sections 501.051 and 501.052 ;
(3) is ineligible for membership under Section 501.053 ;
(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c) If the executive director of the executive council has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Tex. OCC Code § 501.056. PER DIEM; REIMBURSEMENT.
(a) Each board member is entitled to a per diem set by legislative appropriation for each day the member engages in board business.
(b) A member may not receive reimbursement for travel expenses, including expenses for meals and lodging. A member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.
(c) All per diem and reimbursement for expenses authorized by this section shall be paid only from fees collected under this chapter.
Tex. OCC Code § 501.057. OFFICERS; MEETINGS.
(a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. The board shall hold an annual meeting during which the board shall select from its members an assistant presiding officer.
(b) The board may hold other regular meetings as provided by board rule. The board shall hold meetings at least twice each year. Special meetings may be called as necessary or by a majority of the board members.
(c) The board shall give reasonable notice of all meetings in the manner provided by board rule.
Tex. OCC Code § 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.
Tex. OCC Code § 501.059. TRAINING PROGRAM FOR MEMBERS.
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the law governing board operations;
(2) the programs, functions, rules, and budget of the board;
(3) the scope of and limitations on the rulemaking authority of the board;
(4) the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in a profession or business the board regulates;
(B) restricts advertising by persons in a profession or business the board regulates;
(C) affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D) restricts participation in a profession or business the board regulates;
(5) the results of the most recent formal audit of the board;
(6) the requirements of:
(A) laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B) other laws applicable to members of the board in performing their duties; and
(7) any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d) The executive director of the executive council shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each board member. Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SUBCHAPTER D. POWERS AND DUTIES
Tex. OCC Code § 501.151. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL.
(a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(4), eff. September 1, 2019.
(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(4), eff. September 1, 2019.
(c) The executive council shall adopt and publish a code of ethics under this chapter.
(d) The executive council may certify the specialty of health service providers under this chapter.
Tex. OCC Code § 501.155. VOLUNTARY GUIDELINES.
(a) The executive council may cooperate with an agency that is not subject to this chapter to formulate voluntary guidelines to be observed in the training, activities, and supervision of persons who perform psychological services.
(b) Except as provided by Subsection (a), the executive council may not adopt a rule that relates to the administration of an agency that is not subject to this chapter.
Tex. OCC Code § 501.158. COMPETENCY REQUIREMENTS.
(a) This section applies to a person who is:
(1) applying to take the license examination;
(2) applying for a license or license renewal;
(3) currently licensed under this chapter; or
(4) otherwise providing psychological services under a license approved by the executive council under this chapter.
(b) On a determination by the executive council based on the executive council's reasonable belief that a person is not physically and mentally competent to provide psychological services with reasonable skill and safety to patients or has a physical or mental disease or condition that would impair the person's competency to provide psychological services, the executive council may request the person to submit to:
(1) a physical examination by a physician approved by the executive council; or
(2) a mental examination by a physician or psychologist approved by the executive council.
(c) The executive council shall issue an order requiring a person who refuses to submit to an examination under this section to show cause for the person's refusal at a hearing on the order scheduled for not later than the 30th day after the date notice is served on the person. The executive council shall provide notice under this section by personal service or by registered mail, return receipt requested.
(d) At the hearing, the person may appear in person and by counsel and present evidence to justify the person's refusal to submit to examination. After the hearing, the executive council shall issue an order requiring the person to submit to examination under this section or withdrawing the request for the examination.
(e) Unless the request is withdrawn, the executive council may take disciplinary action against a person who refuses to submit to the physical or mental examination.
(f) An appeal from the executive council's order under this section is governed by Chapter 2001 , Government Code.
SUBCHAPTER F. GENERAL LICENSE REQUIREMENTS
Tex. OCC Code § 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 .
Tex. OCC Code § 501.252. PSYCHOLOGIST LICENSE APPLICATION.
(a) To be licensed under this chapter, a person must apply to the executive council for a license. The executive council shall issue a license to an applicant who:
(1) is qualified for the license under Section 501.2525 ; and
(2) pays the fee set by the executive council.
(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(13), eff. September 1, 2019.
(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(13), eff. September 1, 2019.
(d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(13), eff. September 1, 2019.
Tex. OCC Code § 501.253. PROVISIONAL STATUS FOR CERTAIN APPLICANTS.
(a) The executive council may issue a license with a provisional status to an applicant who has not satisfied the experience or examination requirements of Section 501.2525 (a)(2) but is otherwise qualified for the license under Section 501.2525 .
(b) A license holder described by Subsection (a) is entitled to practice psychology under the supervision of a psychologist to meet the requirements for issuance of a license under Section 501.2525 , except that if the license holder is licensed in another state to independently practice psychology and is in good standing in that state, the license holder is entitled to practice psychology without the supervision of a psychologist.
(c) The executive council shall adopt rules that apply to a license holder described by Subsection (a) identifying:
(1) the activities that the license holder may engage in; and
(2) services that may be provided by the license holder.
(d) The executive council may refuse to renew a license issued under Subsection (a) if the license holder does not meet the requirements prescribed by Section 501.2525 (a)(2).
(e) The executive council may not restrict the issuance of a license to an applicant who is licensed in another state to independently practice psychology and is in good standing in that state based on the number of years the applicant has been licensed in good standing in that state.
Tex. OCC Code § 501.256. EXAMINATIONS.
(a) The executive council shall administer to qualified applicants at least annually any written examination required by executive council rules. An examination must be validated by an independent testing professional.
(b) The board shall determine the subject and scope of each examination. The examination must test the applicant's knowledge of:
(1) the discipline and profession of psychology; and
(2) the laws and rules governing the profession of psychology in this state.
(b-1) The executive council shall establish appropriate fees for examinations administered under this chapter.
(c) The executive council may waive the discipline and professional segment of the examination requirement for an applicant who:
(1) is a specialist of the American Board of Professional Psychology; or
(2) in the executive council's judgment, has demonstrated competence in the areas covered by the examination.
(d) The contents of the examination described by Subsection (b)(2) are the jurisprudence examination. The executive council shall administer and each applicant must pass the jurisprudence examination before the executive council may issue a license.
(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(15), eff. September 1, 2019.
(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(15), eff. September 1, 2019.
(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(15), eff. September 1, 2019.
Tex. OCC Code § 501.259. LICENSING OF PSYCHOLOGICAL ASSOCIATE.
(a) The executive council shall set standards for the issuance of licenses to psychological personnel who hold a master's degree from an accredited university or college in a program that is primarily psychological in nature.
(b) The executive council shall designate a person who holds a license authorized by this section by a title that includes the adjective "psychological" followed by a noun such as "associate," "assistant," "examiner," or "technician."
Tex. OCC Code § 501.260. SCHOOL PSYCHOLOGIST.
(a) The executive council by rule shall issue a license to a school psychologist. A license issued under this section constitutes the appropriate credential for a person who provides psychological services as required by Section 21.003 (b), Education Code.
(b) The executive council shall set the standards to qualify for a license under this section. The standards must include:
(1) satisfaction of minimum recognized graduate degree requirements;
(2) completion of graduate course work at a regionally accredited institution of higher education in:
(A) psychological foundations;
(B) educational foundations;
(C) interventions;
(D) assessments; and
(E) professional issues and ethics;
(3) completion of at least 1,200 hours of supervised experience;
(4) receipt of a passing score on a nationally recognized qualifying examination determined to be appropriate by the executive council and on any other examination required by the executive council; and
(5) satisfaction of the requirements under Sections 501.2525 (a)(3)-(9).
(c) The rules of practice for a school psychologist must comply with nationally recognized standards for the practice of school psychology.
Tex. OCC Code § 501.261. FORM OF LICENSE.
(a) A license issued under this chapter must include the full name of the license holder and a unique number assigned to that license.
(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.113(19), eff. September 1, 2019.
Tex. OCC Code § 501.262. RECIPROCAL LICENSE.
The executive council may enter into and implement agreements with other jurisdictions for the issuance of a license by reciprocity if the other jurisdiction's requirements for licensing, certification, or registration are substantially equal to the requirements of this chapter.
Tex. OCC Code § 501.263. TEMPORARY LICENSE.
(a) The executive council may issue a temporary license to an applicant seeking to practice in this state for a limited time and limited purpose if the applicant:
(1) pays the required application fee;
(2) submits an application to the executive council in the form prescribed by the executive council;
(3) is licensed, certified, or registered as a psychologist or psychological associate by another state having requirements substantially equal to those prescribed by this chapter;
(4) is in good standing with the regulatory agency of the jurisdiction in which the person is licensed, certified, or registered;
(5) is supervised by a person licensed under this chapter with whom the temporary license holder may consult during the time the person holds a temporary license; and
(6) has passed an examination recognized by the executive council as equivalent to the examination required for a permanent license under this chapter.
(b) A temporary license is valid only for the period specified by the executive council and for the limited purpose approved by the executive council.
(c) The executive council may adopt rules to issue a temporary license to a person who holds a license or the equivalent from another country.
(d) A temporary license issued under this section is not a vested property right.
(e) A person holding a temporary license issued under this chapter shall display a sign indicating that the license is temporary. The sign must be approved by the executive council and displayed in every room in which the person provides psychological services.
Tex. OCC Code § 501.264. INACTIVE STATUS.
(a) A psychologist may place the psychologist's license on inactive status by applying to the executive council and paying a fee established by the executive council.
(b) A psychologist whose license is on inactive status does not accrue a penalty for late payment of the renewal fee for the license.
SUBCHAPTER G. LICENSE RENEWAL
Tex. OCC Code § 501.301. LICENSE EXPIRATION AND RENEWAL.
(a) The executive council shall adopt rules providing for the expiration and renewal of a license issued under this chapter. The rules must require a license be renewed annually or biennially.
(b) The executive council by rule may adopt a system under which licenses expire on various dates during the year. For a year in which the expiration date is changed, the executive council shall prorate the licensing fee so that each license holder pays only the portion of the fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the entire licensing fee is payable.
SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST
Tex. OCC Code § 501.351. GENERAL AUTHORITY TO DELEGATE.
(a) A psychologist licensed under this chapter may delegate to a psychologist who holds a license described by Section 501.253 , a newly licensed psychologist who is not eligible for managed care panels, a person who holds a temporary license issued under Section 501.263 , or a person enrolled in a formal internship as provided by executive council rules any psychological test or service that a reasonable and prudent psychologist could delegate within the scope of sound psychological judgment if the psychologist determines that:
(1) the test or service can be properly and safely performed by the person;
(2) the person does not represent to the public that the person is authorized to practice psychology; and
(3) the test or service will be performed in the customary manner and in compliance with any other law.
(b) The delegating psychologist remains responsible for the psychological test or service performed by the person to whom the test or service is delegated, and the test or service is considered to be delivered by the delegating psychologist for billing purposes, including bills submitted to third-party payors. The person must inform each patient on whom the test or service is performed that the person is being supervised by a licensed psychologist.
(c) The executive council may determine whether:
(1) a psychological test or service may be properly and safely delegated under this section; and
(2) a delegated act constitutes the practice of psychology under this chapter.
(d) A person who is a licensed psychologist and to whom another psychologist delegates a psychological test or service under this section may represent that the person is engaged in the practice of psychology.
Added by Acts 2013, 83rd Leg., R.S., Ch. 276 (H.B. 808 ), Sec. 1, eff. September 1, 2013.
Tex. OCC Code § 501.352. PERFORMANCE OF DELEGATED ACT DOES NOT CONSTITUTE PRACTICE OF PSYCHOLOGY.
A person to whom a psychologist delegates a psychological test or service under Section 501.351 (a) is not considered to be engaged in the independent practice of psychology without a license issued under this chapter unless the person acts with the knowledge that the delegation and the action taken under the delegation violate this subtitle.
Added by Acts 2013, 83rd Leg., R.S., Ch. 276 (H.B. 808 ), Sec. 1, eff. September 1, 2013.
SUBCHAPTER I. DISCIPLINARY PROCEDURES
Tex. OCC Code § 501.401. GROUNDS FOR DISCIPLINARY ACTION.
The executive council shall take disciplinary action under Subchapter G , Chapter 507 , against a license holder who:
(1) violates this chapter or a rule adopted under this chapter;
(2) is convicted of a felony or of any offense that would be a felony under the laws of this state, or of a violation of a law involving moral turpitude;
(3) uses drugs or alcohol to an extent that affects the person's professional competency;
(4) engages in fraud or deceit in connection with services provided as a psychologist;
(5) except as provided by Section 501.263 :
(A) aids or abets the practice of psychology by a person not licensed under this chapter in representing that the person is licensed under this chapter;
(B) represents that the person is licensed under this chapter to practice psychology when the person is not licensed; or
(C) practices psychology in this state without a license under this chapter or without being qualified for an exemption under Section 501.004 ; or
(6) commits an act for which liability exists under Chapter 81 , Civil Practice and Remedies Code.
Tex. OCC Code § 501.407. REMEDIAL CONTINUING EDUCATION.
The executive council may require a license holder who violates this chapter to participate in a continuing education program. The executive council shall specify the continuing education program that the person may attend and the number of hours that the person must complete to fulfill the requirements of this section.
Tex. OCC Code § 501.408. CORRECTIVE ADVERTISING.
The executive council may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising.
Tex. OCC Code § 501.411. REMEDIAL PLAN.
(a) The executive council may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter.
(b) The executive council by rule shall establish the types of complaints or violations that may be resolved with a remedial plan. The rules must provide that a remedial plan may not be imposed to resolve a complaint:
(1) involving conduct that poses a significant risk of harm to a patient; or
(2) in which the appropriate resolution may involve revoking, suspending, limiting, or restricting a person's license.
(c) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's license; or
(2) assesses an administrative penalty against a person.
(d) The executive council may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the executive council for the resolution of a different complaint filed under this chapter.
(e) The executive council may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.026, eff. September 1, 2019.
SUBCHAPTER K. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Tex. OCC Code § 501.503. CRIMINAL PENALTY.
(a) A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of this chapter.
(b) An offense under this section is a Class A misdemeanor.
(c) Each day a violation occurs is a separate offense.
Tex. OCC Code § 501.505. OPTION TO ORDER REFUND.
(a) Under an agreement resulting from an informal settlement conference, the executive council may order a license holder to refund to the person who paid for the psychological services at issue an amount not to exceed the amount the person paid to the license holder for a service regulated by this chapter instead of or in addition to imposing an administrative penalty under Subchapter H , Chapter 507 .
(b) The executive council may not include an estimation of other damages or harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 143 (H.B. 1015 ), Sec. 22, eff. September 1, 2005.
SUBCHAPTER L. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
Tex. OCC Code § 501.601. PSYCHOLOGY INTERJURISDICTIONAL COMPACT.
The Psychology Interjurisdictional Compact is enacted and entered into as follows:
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
ARTICLE I. PURPOSE
Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state;
Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;
Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and
Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:
1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;
2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety;
3. Encourage the cooperation of Compact States in the areas of psychology licensure and regulation;
4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history;
5. Promote compliance with the laws governing psychological practice in each Compact State; and
6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses.
ARTICLE II. DEFINITIONS
A. "Adverse Action" means: Any action taken by a State Psychology Regulatory Authority which finds a violation of a statute or regulation that is identified by the State Psychology Regulatory Authority as discipline and is a matter of public record.
B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact State.
D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Section X for its governance, or for directing and controlling its actions and conduct.
E. "Client/Patient" means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services.
F. "Commissioner" means: the voting representative appointed by each State Psychology Regulatory Authority pursuant to Section X.
G. "Compact State" means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B.
H. "Coordinated Licensure Information System" also referred to as "Coordinated Database" means: an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities.
I. "Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.
J. "Day" means: any part of a day in which psychological work is performed.
K. "Distant State" means: the Compact State where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.
L. "E.Passport" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
M. "Executive Board" means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
N. "Home State" means: a Compact State where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one Compact State and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact State where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one Compact State and is practicing under the Temporary Authorization to Practice, the Home State is any Compact State where the psychologist is licensed.
O. "Identity History Summary" means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice.
R. "License" means: authorization by a State Psychology Regulatory Authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
S. "Non-Compact State" means: any State which is not at the time a Compact State.
T. "Psychologist" means: an individual licensed for the independent practice of psychology.
U. "Psychology Interjurisdictional Compact Commission" also referred to as "Commission" means: the national administration of which all Compact States are members.
V. "Receiving State" means: a Compact State where the client/patient is physically located when the telepsychological services are delivered.
W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Section XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact State, and includes the amendment, repeal or suspension of an existing rule.
X. "Significant Investigatory Information" means:
1. investigative information that a State Psychology Regulatory Authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or
2. investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.
Y. "State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.
Z. "State Psychology Regulatory Authority" means: the Board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
AA. "Telepsychology" means: the provision of psychological services using telecommunication technologies.
BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another Compact State.
CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the Distant State to provide for the practice of psychology for 30 days within a calendar year and based on notification to the Distant State.
ARTICLE III. HOME STATE LICENSURE
A. The Home State shall be a Compact State where a psychologist is licensed to practice psychology.
B. A psychologist may hold one or more Compact State licenses at a time. If the psychologist is licensed in more than one Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
C. Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
D. Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact.
E. A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:
1. Currently requires the psychologist to hold an active E.Passport;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than ten years after activation of the Compact; and
5. Complies with the Bylaws and Rules of the Commission.
F. A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State:
1. Currently requires the psychologist to hold an active IPC;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than ten years after activation of the Compact; and
5. Complies with the Bylaws and Rules of the Commission.
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
A. Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.
B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:
1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, OR authorized by Provincial Statute or Royal Charter to grant doctoral degrees; OR
b. A foreign college or university deemed to be equivalent to 1 (a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree;
j. The program includes an acceptable residency as defined by the Rules of the Commission.
3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State;
4. Have no history of adverse action that violate the Rules of the Commission;
5. Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
8. Meet other criteria as defined by the Rules of the Commission.
C. The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.
D. A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State's scope of practice. A Receiving State may, in accordance with that state's due process law, limit or revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State's applicable law to protect the health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission.
E. If a psychologist's license in any Home State, another Compact State, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology.
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
A. Compact States shall also recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice temporarily in other Compact States (Distant States) in which the psychologist is not licensed, as provided in the Compact.
B. To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:
1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, OR authorized by Provincial Statute or Royal Charter to grant doctoral degrees; OR
b. A foreign college or university deemed to be equivalent to 1 (a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree;
j. The program includes an acceptable residency as defined by the Rules of the Commission.
3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State;
4. No history of adverse action that violate the Rules of the Commission;
5. No criminal record history that violates the Rules of the Commission;
6. Possess a current, active IPC;
7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
8. Meet other criteria as defined by the Rules of the Commission.
C. A psychologist practicing into a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State.
D. A psychologist practicing into a Distant State under the Temporary Authorization to Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance with that state's due process law, limit or revoke a psychologist's Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State's applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission.
E. If a psychologist's license in any Home State, another Compact State, or any Temporary Authorization to Practice in any Distant State, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State under the Temporary Authorization to Practice.
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A. A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances:
1. The psychologist initiates a client/patient contact in a Home State via telecommunications technologies with a client/patient in a Receiving State;
2. Other conditions regarding telepsychology as determined by Rules promulgated by the Commission.
ARTICLE VII. ADVERSE ACTIONS
A. A Home State shall have the power to impose adverse action against a psychologist's license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist's Temporary Authorization to Practice within that Distant State.
B. A Receiving State may take adverse action on a psychologist's Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice.
C. If a Home State takes adverse action against a psychologist's license, that psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and the IPC is revoked.
1. All Home State disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the Rules promulgated by the Commission. A Compact State shall report adverse actions in accordance with the Rules of the Commission.
2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of the Commission.
3. Other actions may be imposed as determined by the Rules promulgated by the Commission.
D. A Home State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a Receiving State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Home State's law shall control in determining any adverse action against a psychologist's license.
E. A Distant State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under Temporary Authorization Practice which occurred in that Distant State as it would if such conduct had occurred by a licensee within the Home State. In such cases, Distant State's law shall control in determining any adverse action against a psychologist's Temporary Authorization to Practice.
F. Nothing in this Compact shall override a Compact State's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the Compact State's law. Compact States must require psychologists who enter any alternative programs to not provide telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or provide temporary psychological services under the Temporary Authorization to Practice in any other Compact State during the term of the alternative program.
G. No other judicial or administrative remedies shall be available to a psychologist in the event a Compact State imposes an adverse action pursuant to subsection C, above.
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY
A. In addition to any other powers granted under state law, a Compact State's Psychology Regulatory Authority shall have the authority under this Compact to:
1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or the production of evidence from another Compact State shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice.
3. During the course of any investigation, a psychologist may not change his/her Home State licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State Psychology Regulatory Authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the Rules of the Commission. All information provided to the Commission or distributed by Compact States pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact States.
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all Compact States as defined by the Rules of the Commission.
B. Notwithstanding any other provision of state law to the contrary, a Compact State shall submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against a psychologist's license;
5. An indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is revoked;
6. Non-confidential information related to alternative program participation information;
7. Any denial of application for licensure, and the reasons for such denial; and
8. Other information which may facilitate the administration of this Compact, as determined by the Rules of the Commission.
C. The Coordinated Database administrator shall promptly notify all Compact States of any adverse action taken against, or significant investigative information on, any licensee in a Compact State.
D. Compact States reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the Compact State reporting the information.
E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the Compact State reporting the information shall be removed from the Coordinated Database.
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION
A. The Compact States hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.
1. The Commission is a body politic and an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. The Commission shall consist of one voting representative appointed by each Compact State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State. This delegate shall be limited to:
a. Executive Director, Executive Secretary or similar executive;
b. Current member of the State Psychology Regulatory Authority of a Compact State; OR
c. Designee empowered with the appropriate delegate authority to act on behalf of the Compact State.
2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compact State in which the vacancy exists.
3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication.
4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws.
5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI.
6. The Commission may convene in a closed, non-public meeting if the Commission must discuss:
a. Non-compliance of a Compact State with its obligations under the Compact;
b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation against the Commission;
d. Negotiation of contracts for the purchase or sale of goods, services or real estate;
e. Accusation against any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement purposes;
i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal and state statute.
7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
a. for the establishment and meetings of other committees; and
b. governing any general or specific delegation of any authority or function of the Commission;
3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission;
5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission;
6. Promulgating a Code of Ethics to address permissible and prohibited activities of Commission members and employees;
7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
8. The Commission shall publish its Bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact States;
9. The Commission shall maintain its financial records in accordance with the Bylaws; and
10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all Compact States;
2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Psychology Regulatory Authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compact State;
5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees comprised of Members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the Bylaws;
12. To provide and receive information from, and to cooperate with, law enforcement agencies;
13. To adopt and use an official seal; and
14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
E. The Executive Board
The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be comprised of six members:
a. Five voting members who are elected from the current membership of the Commission by the Commission;
b. One ex-officio, nonvoting member from the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities.
2. The ex-officio member must have served as staff or member on a State Psychology Regulatory Authority and will be selected by its respective organization.
3. The Commission may remove any member of the Executive Board as provided in Bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to this Compact legislation, fees paid by Compact States such as annual dues, and any other applicable fees;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or Bylaws.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
3. The Commission may levy on and collect an annual assessment from each Compact State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all Compact States.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact States, except by and with the authority of the Compact State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its Bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE XI. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact State.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission; and
2. On the website of each Compact States' Psychology Regulatory Authority or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons who submit comments independently of each other;
2. A governmental subdivision or agency; or
3. A duly appointed person in an association that has having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.
1. All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Compact State funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. Oversight
1. The Executive, Legislative and Judicial branches of state government in each Compact State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Compact State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other Compact States of the nature of the default, the proposed means of remedying the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Compact States, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the Compact States.
4. A Compact State which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.
5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a Compact State, the Commission shall attempt to resolve disputes related to the Compact which arise among Compact States and between Compact and Non-Compact States.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a Compact State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact State. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state which joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any Compact State may withdraw from this Compact by enacting a statute repealing the same.
1. A Compact State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Psychology Regulatory Authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a Compact State and a Non-Compact State which does not conflict with the provisions of this Compact.
E. This Compact may be amended by the Compact States. No amendment to this Compact shall become effective and binding upon any Compact State until it is enacted into the law of all Compact States.
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact States.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.028, eff. September 1, 2019.
Tex. OCC Code § 501.602. RULES ADOPTED UNDER COMPACT.
The Psychology Interjurisdictional Compact Commission established under the Psychology Interjurisdictional Compact under Section 501.601 may not adopt rules that alter the requirements or scope of practice of a license issued under this chapter. Any rule adopted by the Psychology Interjurisdictional Compact Commission that purports to alter the requirements or scope of practice of a license issued under this chapter is not enforceable.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.028, eff. September 1, 2019.
Tex. OCC Code § 501.603. DISCLOSURE OF PERSONAL INFORMATION.
(a) In reporting information to the Coordinated Licensure Information System under Article IX of the Psychology Interjurisdictional Compact, the executive council may disclose personally identifiable information about a person who holds a license under this chapter, including the person's social security number.
(b) The Coordinated Licensure Information System may not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.028, eff. September 1, 2019.
Tex. OCC Code § 501.1515. BOARD DUTIES.
The board shall propose to the executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a license, including rules limiting an applicant's eligibility for a license based on the applicant's criminal history;
(B) the scope of practice of and standards of care and ethical practice for psychology; and
(C) continuing education requirements for license holders; and
(2) a schedule of sanctions for violations of this chapter or rules adopted under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.009, eff. September 1, 2019.
Tex. OCC Code § 501.2525. LICENSE QUALIFICATIONS.
(a) An applicant is qualified for a license under this chapter 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) except as provided by Subsection (c) and Section 501.253 , has:
(A) 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; and
(B) passed any examination required by Section 501.256 ;
(3) has attained the age of majority;
(4) is physically and mentally competent to provide psychological services with reasonable skill and safety, as determined by the executive council;
(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
(C) practiced psychology in this state without a license under 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 executive council 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.
(c) Subsection (a)(2)(A) does not apply to an applicant who:
(1) is licensed in good standing in another state to independently practice psychology; and
(2) has independently practiced psychology in that state for at least five years.
(d) For purposes of Subsection (a)(2)(A), experience is supervised only if the experience is supervised by a psychologist in the manner provided by the executive council's supervision guidelines. To determine the acceptability of an applicant's experience, the executive council may require documentary evidence of the quality, scope, and nature of the applicant's experience. The executive council may count toward the supervised experience an applicant is required to obtain after the applicant's degree is conferred any hours of supervised experience the applicant completed as part of a degree program accredited by the American Psychological Association, the Canadian Psychological Association, or a substantially equivalent degree program.
Redesignated and amended from Occupations Code, Section 501.255 by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501 ), Sec. 2.013, eff. September 1, 2019.