CHAPTER 504. CHEMICAL DEPENDENCY COUNSELORS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE I. REGULATION OF PSYCHOLOGY AND COUNSELING
CHAPTER 504. CHEMICAL DEPENDENCY COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 504.001. DEFINITIONS. In this chapter:
(1) "Certified clinical supervisor" means a person certified in
accordance with Section 504.1521.
(2) "Chemical dependency counseling" means assisting an
individual or group to:
(A) develop an understanding of chemical dependency problems;
(B) define goals; and
(C) plan action reflecting the individual's or group's interest,
abilities, and needs as affected by claimed or indicated chemical
dependency problems.
(3) "Chemical dependency counselor" means a person licensed
under this chapter.
(4) "Clinical training institution" means a person registered
with the department in accordance with Section 504.1521 to
supervise a counselor intern.
(5) "Commissioner" means the commissioner of state health
services.
(6) "Counselor intern" means a person registered with the
department in accordance with Section 504.1515.
(7) "Department" means the Department of State Health Services.
(8) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
(9) "Peer assistance program" means a program approved by the
department under Section 504.057.
(10) "Person" means an individual, corporation, partnership,
association, or other business or professional entity.
(11) "Practice of chemical dependency counseling" means
providing or offering to provide chemical dependency counseling
services involving the application of the principles, methods,
and procedures of the chemical dependency counseling profession.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 1, eff. Sept. 1,
2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 1, eff. September 1, 2007.
Sec. 504.002. EXEMPTIONS; APPLICABILITY. (a) A person is
exempt from this chapter if the person does not:
(1) directly or indirectly represent to the public that the
person is licensed under this chapter; and
(2) use any name, title, or designation indicating that the
person is licensed under this chapter.
(b) This chapter does not apply to an activity or service of a
person who:
(1) is employed as a counselor by a federal institution and is
providing chemical dependency counseling within the scope of the
person's employment;
(2) except as provided by Section 504.1515, is a student,
intern, or trainee pursuing a supervised course of study in
counseling at a regionally accredited institution of higher
education or training institution, if the person:
(A) is designated as a "counselor intern"; and
(B) is engaging in the activity or providing the service as part
of the course of study;
(3) is not a resident of this state, if the person:
(A) engages in the activity or provides the service in this
state for not more than 30 days during any year; and
(B) is authorized to engage in the activity or provide the
service under the law of the state of the person's residence;
(4) is a licensed physician, psychologist, professional
counselor, or social worker;
(5) is a religious leader of a congregation providing pastoral
chemical dependency counseling within the scope of the person's
duties;
(6) is working for or providing counseling with a program exempt
under Subchapter C, Chapter 464, Health and Safety Code; or
(7) is a school counselor certified by the State Board for
Educator Certification.
(c) A person exempt under this section who obtains a license
under this chapter is subject to this chapter to the same extent
as any other person who obtains a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND
DEPARTMENT
Sec. 504.051. GENERAL POWERS AND DUTIES OF EXECUTIVE
COMMISSIONER. The executive commissioner shall:
(1) adopt rules as necessary for the performance of its duties
under this chapter;
(2) establish standards of conduct and ethics for persons
licensed under this chapter; and
(3) establish any additional criteria for peer assistance
programs for chemical dependency counselors that the executive
commissioner determines necessary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.0515. GENERAL POWERS AND DUTIES OF DEPARTMENT. The
department shall:
(1) enforce rules as necessary for the performance of its duties
under this chapter; and
(2) ensure strict compliance with and enforcement of this
chapter.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.052. DISCRIMINATION PROHIBITED. In taking an action or
making a decision under this chapter, the executive commissioner,
commissioner, and department shall do so without regard to the
sex, race, religion, national origin, color, or political
affiliation of the person affected. For purposes of this
section, taking an action or making a decision under this chapter
includes:
(1) considering a license application;
(2) conducting an examination;
(3) adopting or enforcing a rule; and
(4) conducting a disciplinary proceeding.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.053. FEES; ACCOUNT. (a) The executive commissioner
shall set application, examination, license renewal, and other
fees in amounts sufficient to cover the costs of administering
this chapter. The amount of the license renewal fee may not
exceed $200.
(b) General revenue taxes may not be used to administer this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.054. COLLECTION ACTION. A district court in Travis
County has exclusive jurisdiction of an action to collect an
obligation owed to the department, including an administrative
penalty assessed under Subchapter G.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.055. OFFICIAL ROSTER. (a) The department may prepare
and publish a roster showing the name and address, as reflected
by the department's records, of each chemical dependency
counselor.
(b) If the department publishes a roster under this section, the
department shall mail a copy of the roster to each person
licensed by the department and shall file a copy of the roster
with the secretary of state.
(c) A person's name and address may appear in the roster only if
each fee assessed against the person under this chapter is
current and paid in full at the time the roster is sent to the
printer or publisher.
(d) The department may charge a fee for the roster published
under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.056. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive commissioner may not adopt a rule
restricting advertising or competitive bidding by a person
regulated by the department under this chapter except to prohibit
a false, misleading, or deceptive practice.
(b) The executive commissioner may not include in rules adopted
under this chapter a rule that:
(1) restricts the person's use of any advertising medium;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.057. APPROVAL OF PEER ASSISTANCE PROGRAMS. (a) The
department shall approve one or more peer assistance programs
established by the department or a professional association in
accordance with Chapter 467, Health and Safety Code, from which
persons licensed under this chapter may seek assistance.
(b) The department shall approve a peer assistance program that:
(1) meets the minimum criteria established by the executive
commissioner or department under Chapter 467, Health and Safety
Code;
(2) meets any additional criteria established by the executive
commissioner or department for chemical dependency counselors
licensed under this chapter; and
(3) is designed to assist a chemical dependency counselor whose
ability to perform a professional service is impaired by abuse of
or dependency on drugs or alcohol.
(c) The department shall maintain a list of approved peer
assistance programs for licensed chemical dependency counselors
on the department's Internet website.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND
COMPLAINT PROCEDURES
Sec. 504.101. CONSUMER INTEREST INFORMATION. (a) The
department shall prepare information of consumer interest
describing the regulatory functions of the department and the
procedures by which consumer complaints are filed with and
resolved by the department.
(b) The department shall make the information available to the
public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.102. CONSUMER INFORMATION FOR FILING COMPLAINTS. Each
person licensed under this chapter shall display prominently at
all times in the person's place of business a sign containing:
(1) the name, mailing address, and telephone number of the
department; and
(2) a statement informing a consumer that a complaint against a
person licensed under this chapter may be directed to the
department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
Sec. 504.103. RECORDS OF COMPLAINTS. (a) The department shall
keep information about each complaint filed with the department.
The information must include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for a complaint for which the department took no action, an
explanation of the reason the complaint was closed without
action.
(b) The department shall keep an information file about each
complaint filed with the department that the department has
authority to resolve.
(c) The department, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person or entity that is the subject of the
complaint of the status of the complaint unless the notice would
jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 3, eff. September 1, 2007.
SUBCHAPTER D. LICENSE AND REGISTRATION REQUIREMENTS
Sec. 504.151. LICENSE REQUIRED; USE OF TITLE. (a) A person may
not engage in the practice of chemical dependency counseling
unless the person is licensed as a chemical dependency counselor
under this chapter.
(b) A person, other than a person licensed under this chapter or
exempt from the application of this chapter, may not use:
(1) the term "chemical dependency counselor" or any combination,
variation, or abbreviation of that term as a professional,
business, or commercial identification, name, title, or
representation; or
(2) any letter, abbreviation, work symbol, slogan, sign, or any
combination or variation likely to create the impression that the
person is authorized to practice chemical dependency counseling
or is a licensed chemical dependency counselor.
(c) Unless a person is engaged in the practice of chemical
dependency counseling in accordance with this chapter, the person
may not:
(1) hold the person out to the public as engaged in the practice
of chemical dependency counseling;
(2) offer chemical dependency counseling services, including
offering those services under an assumed, trade, business,
professional, partnership, or corporate name or title; or
(3) use the term "licensed chemical dependency counselor," the
abbreviation "LCDC," or any combination or variation of that term
or abbreviation in connection with the person's practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 504.1511. OTHER CERTIFICATIONS INCLUDED ON LICENSE. A
license issued under this chapter must include an area on which a
license holder may apply an adhesive label issued by the Texas
Certification Board of Addiction Professionals with the
designation and expiration date of any other related
certification held by the license holder that is approved by the
International Certification Reciprocity Consortium or another
entity approved by the department.
Added by Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 4, eff. September 1, 2007.
Sec. 504.1515. COUNSELOR INTERNS. (a) A person seeking a
license as a chemical dependency counselor shall register with
the department as a counselor intern by submitting, in a form
acceptable to the department, the following:
(1) an application fee and a background investigation fee;
(2) a completed, signed, dated, and notarized application on a
form prescribed by the department;
(3) a recent full-face wallet-sized photograph of the applicant;
(4) two sets of fingerprints completed in accordance with
department instructions on cards issued by the department;
(5) documentation verifying the applicant successfully
completed:
(A) 270 total hours of approved curricula described by Section
504.152(3)(A); and
(B) 300 hours of approved supervised field work practicum
described by Section 504.152(3)(C); and
(6) documentation verifying the applicant received a high school
diploma or its equivalent.
(b) The department may obtain criminal history record
information relating to a counselor intern or an applicant for
registration as a counselor intern from the Department of Public
Safety and the Federal Bureau of Investigation.
Acts 2003, 78th Leg., ch. 1172, Sec. 3, eff. Sept. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 5, eff. September 1, 2007.
Sec. 504.152. ELIGIBILITY REQUIREMENTS. (a) To be eligible for
a license under this chapter, a person must:
(1) be at least 18 years of age;
(2) hold an associate degree or a more advanced degree;
(3) have completed:
(A) 135 hours, or nine semester hours, specific to substance
abuse disorders and treatment and an additional 135 hours, or
nine semester hours, specific or related to chemical dependency
counseling;
(B) 4,000 hours of approved supervised experience working with
chemically dependent persons; and
(C) 300 hours of approved supervised field work practicum;
(4) provide two letters of reference from chemical dependency
counselors;
(5) pass a written examination approved by the department;
(6) submit a case presentation to the test administrator;
(7) pass an oral examination approved by the department;
(8) be determined by the department to be worthy of the public
trust and confidence;
(9) successfully complete the chemical dependency counselor
examination under Section 504.156;
(10) sign a written agreement to comply with the standards of
ethics approved by the department; and
(11) provide to the department written assurance that the
applicant has access to a peer assistance program.
(b) The department may waive the requirement under Subsection
(a)(11) if the department determines that a peer assistance
program is not reasonably available to the license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 4, eff. Sept. 1,
2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 5, eff. September 1, 2007.
Sec. 504.1521. SUPERVISED WORK EXPERIENCE. (a) A counselor
intern shall obtain the supervised work experience required under
Section 504.152 that is obtained in this state at a clinical
training institution or under the supervision of a certified
clinical supervisor.
(b) The executive commissioner shall adopt rules necessary to:
(1) register clinical training institutions that meet the
criteria established by the executive commissioner, commissioner,
or department to protect the safety and welfare of the people of
this state; and
(2) certify clinical supervisors who hold certification
credentials approved by the department or by a person designated
by the department, such as the International Certification and
Reciprocity Consortium or another person that meets the criteria
established by the executive commissioner, commissioner, or
department to protect the safety and welfare of the people of
this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 6, eff. September 1, 2008.
Sec. 504.1525. CERTAIN GROUNDS FOR LICENSE, REGISTRATION, OR
CERTIFICATION REFUSAL; EXCEPTION. (a) Except as provided by
Subsection (b), the department may not issue a license,
registration, or certification under this chapter to an applicant
who has been:
(1) convicted or placed on community supervision during the five
years preceding the date of application in any jurisdiction for
an offense equal to a Class B misdemeanor specified by executive
commissioner rule;
(2) convicted or placed on community supervision in any
jurisdiction for an offense equal to or greater than a Class A
misdemeanor specified by executive commissioner rule; or
(3) found to be incapacitated by a court on the basis of a
mental defect or disease.
(b) The department may issue a license to a person convicted or
placed on community supervision in any jurisdiction for a drug or
alcohol offense described by Subsection (a)(1) or (2) if the
department determines that the applicant has successfully
completed participation in an approved peer assistance program.
(c) Subsection (a) does not apply to an applicant who has, with
respect to Subsection (a)(1) or (2), received a full pardon based
on the person's wrongful conviction or, with respect to
Subsection (a)(3), been found by a court to no longer be
incapacitated.
Added by Acts 2001, 77th Leg., ch. 1107, Sec. 3, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 7, eff. September 1, 2007.
Sec. 504.153. ALTERNATIVE QUALIFICATIONS AND EVIDENCE OF LICENSE
REQUIREMENT SATISFACTION. (a) An applicant is exempt from the
requirements of Sections 504.152(3)(A) and (C) if the applicant
holds a baccalaureate degree or a more advanced degree in:
(1) chemical dependency counseling; or
(2) psychology, sociology, or any other related program approved
by the department.
(b) On presentation of documentation by an applicant who holds a
degree described by Subsection (a), the department may waive any
portion of the requirement established by Section 504.152(3)(B)
that the department determines has been satisfied as evidenced by
the documentation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1172, Sec. 5, eff. Sept. 1,
2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 7, eff. September 1, 2007.
Sec. 504.155. LICENSE APPLICATION. (a) An application for a
license under this chapter must:
(1) be on a form prescribed and furnished by the department; and
(2) contain a statement made under oath of the applicant's
education, experience, and other qualifications established by
the department as required for a license under this chapter.
(b) The department may require additional information regarding
the quality, scope, and nature of the experience and competence
of the applicant if the department determines that a person's
application lacks sufficient information for consideration by the
department.
(c) The department may obtain criminal history record
information relating to an applicant for a license under this
chapter from the Department of Public Safety and the Federal
Bureau of Investigation. The department may deny an application
for a license if the applicant fails to provide two complete sets
of fingerprints on a form prescribed by the department.
(d) The issuance of a license by the department is conditioned
on the receipt by the department of the applicant's criminal
history record information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1107, Sec. 4, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 7, eff. September 1, 2007.
Sec. 504.156. LICENSE EXAMINATION. (a) At least twice each
year, the department may prepare and administer or contract with
an organization approved by the International Certification
Reciprocity Consortium to prepare and administer an examination
to determine the qualifications of an applicant for a license
under this chapter. The examination shall be conducted as
determined by the department and in a manner that is fair and
impartial to and takes into consideration each school or system
of chemical dependency counseling.
(b) An examiner may know an applicant only by number until after
the examination has been graded and the licenses have been
granted or denied.
(c) The scope and content of the examination must be sufficient
to ensure professional competence in keeping with the highest
standards of the chemical dependency counseling profession.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 8, eff. September 1, 2007.
Sec. 504.157. EXAMINATION RESULTS; REEXAMINATION. (a) The
department shall notify each examinee of the results of the
examination not later than the 45th day after the date the
examination is administered.
(b) If requested by an applicant who fails the examination, the
department shall furnish the applicant with an analysis of the
applicant's performance on the examination.
(c) An applicant who fails the examination may take a subsequent
examination on payment of the required examination fee.
(d) The executive commissioner by rule shall establish the
criteria under which an applicant may take a subsequent
examination under Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 949, Sec. 1, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 9, eff. September 1, 2007.
Sec. 504.158. PROVISIONAL LICENSE. (a) The department may
issue a provisional license to an applicant who is licensed in
another state. An applicant for a provisional license under this
section must:
(1) be licensed in good standing as a chemical dependency
counselor at least two years in another state or country that has
licensing requirements substantially equivalent to the
requirements of this chapter;
(2) have passed a national or other examination recognized by
the department relating to the practice of chemical dependency
counseling; and
(3) be sponsored by a person licensed by the department under
this chapter with whom the provisional license holder may
practice.
(b) The department may waive the requirement of Subsection
(a)(3) if the department determines that compliance with that
subsection would constitute a hardship to the applicant.
(c) The department may establish a fee for a provisional license
in an amount reasonable and necessary to cover the cost of
issuing the license.
(d) A provisional license is valid until the date the department
approves or denies the provisional license holder's application
for a license under Section 504.159.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 9, eff. September 1, 2007.
Sec. 504.159. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.
(a) The department shall issue a license under this chapter to
a provisional license holder who satisfies the eligibility
requirements established by Section 504.152. When issuing a
license under this subsection, the department may waive the
requirements established by Sections 504.152(6), (7), and (9).
(b) The department shall complete the processing of a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is
issued. The department may extend the 180-day period if the
department has not received information necessary to determine
whether the applicant is eligible for a license as provided by
Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 9, eff. September 1, 2007.
Sec. 504.160. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
APPLICANTS. (a) The department may, on application and payment
of the appropriate fee, issue a license to a person who is
licensed or certified by another state as a chemical dependency
counselor if the department determines that the license or
certificate requirements of that state are substantially
equivalent to the requirements of this chapter.
(b) The department may waive any license requirement for an
applicant with a license or certificate issued by another state
with which this state has a reciprocity agreement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 9, eff. September 1, 2007.
Sec. 504.161. CRIMINAL HISTORY RECORD INFORMATION. (a) The
department may obtain criminal history record information as
provided by Section 411.1105, Government Code, and consider that
information in determining a person's license, registration, or
certification status under this chapter.
(b) The department may charge a person on whom criminal history
record information is sought a fee in an amount set by the
department as reasonably necessary to cover the costs of
administering this section. A fee collected under this
subsection may be appropriated only to the department to
administer this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 9, eff. September 1, 2007.
SUBCHAPTER E. LICENSE EXPIRATION AND RENEWAL
Sec. 504.201. LICENSE EXPIRATION. (a) A license issued under
this chapter expires on the second anniversary of the date of
issuance. The executive commissioner by rule shall adopt a
system under which licenses expire on various dates during the
year.
(b) A person may not engage in activities that require a license
if the person's license has expired and is not renewed as
provided by this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 10, eff. September 1, 2007.
Sec. 504.202. NOTICE OF LICENSE EXPIRATION AND REQUIREMENTS TO
RENEW. Not later than the 31st day before the expiration date of
a person's license, the department shall send to the license
holder at the license holder's last known address according to
department records written notice of:
(1) the impending license expiration;
(2) the amount of the renewal fee; and
(3) any continuing education required to renew the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 11, eff. September 1, 2007.
Sec. 504.2025. CERTAIN GROUNDS FOR REFUSAL TO RENEW LICENSE,
REGISTRATION, OR CERTIFICATION. (a) Except as provided by
Subsection (b), the department shall refuse to renew a license,
registration, or certification under this chapter on receipt of
information from the Department of Public Safety or another law
enforcement agency that the person has been convicted, placed on
community supervision, or found to be incapacitated as described
by Section 504.1525.
(b) The department may renew a license under this chapter if the
department determines that the person has successfully completed
participation in an approved peer assistance program subsequent
to the conviction or placement on community supervision for an
offense described by Section 504.1525(b).
Added by Acts 2001, 77th Leg., ch. 1107, Sec. 5, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 11, eff. September 1, 2008.
Sec. 504.2026. REFUSAL TO RENEW LICENSE: ACCESS TO PEER
ASSISTANCE PROGRAM. (a) Except as provided by Subsection (b),
the department may not renew a license under this chapter unless
the license holder provides to the department written
documentation that the license holder has access to an approved
peer assistance program.
(b) The department may waive the requirement of Subsection (a)
if the department determines that a peer assistance program is
not reasonably available to the license holder.
Added by Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 12, eff. September 1, 2007.
Sec. 504.203. LICENSE RENEWAL. (a) A person who is otherwise
eligible to renew a license may renew an unexpired license by
paying the required renewal fee to the department before the
expiration date of the license.
(b) If the person's license has been expired for 90 days or
less, the person may renew the license by paying to the
department a fee in an amount equal to one and one-half times the
required renewal fee.
(c) If the person's license has been expired for more than 90
days but less than one year, the person may renew the license by
paying to the department a fee in an amount equal to two times
the required renewal fee.
(d) If the person's license has been expired for one year or
more, the person may not renew the license. The person may obtain
a new license by submitting to reexamination and complying with
the requirements and procedures for obtaining an original
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 13, eff. September 1, 2007.
Sec. 504.204. RENEWAL OF EXPIRED LICENSE OF OUT-OF-STATE
PRACTITIONER. (a) The department may renew without
reexamination an expired license of a person who was licensed in
this state, moved to another state, and is currently licensed and
has been in practice in the other state for the two years
preceding the date the person applies for renewal.
(b) The person must pay to the department a fee in an amount
equal to two times the required renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 14, eff. September 1, 2007.
Sec. 504.205. CONTINUING EDUCATION REQUIREMENTS. (a) The
department shall recognize, prepare, or administer a continuing
education program for chemical dependency counselors. The
executive commissioner by rule shall provide for the
administration of the continuing education requirements
established under this section.
(b) As a prerequisite for renewal of a license issued under this
chapter, a license holder, other than a license holder subject to
Subsection (c), must participate in the continuing education
program and complete continuing education hours in each two-year
licensing period as follows:
(1) 40 hours if the license holder holds an associate's or
bachelor's degree; and
(2) 24 hours if the license holder holds a master's degree or a
more advanced degree.
(c) A license holder must complete at least 24 hours of
continuing education in each two-year licensing period as a
requirement for renewal of the license if the license holder is
also licensed as:
(1) a licensed master social worker under Chapter 505;
(2) a licensed marriage and family therapist under Chapter 502;
(3) a licensed professional counselor under Chapter 503;
(4) a physician practicing medicine under Subtitle B; or
(5) a psychologist under Chapter 501.
(d) Except for the number of hours required, the executive
commissioner may not adopt a rule under Subsection (a) that
distinguishes between the continuing education requirements for a
license holder subject to Subsection (b) and a license holder
subject to Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.266(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 15, eff. September 1, 2007.
Sec. 504.206. CONTINUING EDUCATION RELATING TO HIV, HEPATITIS C,
AND SEXUALLY TRANSMITTED DISEASES. (a) The continuing education
required under Section 504.205 must include six hours of training
during each two-year licensing period relating to HIV, hepatitis
C, and sexually transmitted diseases.
(b) The department shall recognize, prepare, or administer a
training component that satisfies the requirement of Subsection
(a) for use in continuing education for chemical dependency
counselors.
(c) The training component must address HIV, hepatitis C, and
sexually transmitted diseases in the context of chemical
dependency counseling and must provide information relating to
the special needs of persons with positive test results,
including the importance of prevention, early intervention, and
treatment and recognition of psychosocial needs. The training
component must prepare a chemical dependency counselor to provide
appropriate information to educate clients about HIV, hepatitis
C, and sexually transmitted diseases.
(d) In developing the training component, the department may, to
the extent appropriate, consider the training course relating to
hepatitis C developed by the department under Section 94.002,
Health and Safety Code.
Added by Acts 2001, 77th Leg., ch. 194, Sec. 1, eff. May 21,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 16, eff. September 1, 2007.
SUBCHAPTER F. DISCIPLINARY PROCEEDINGS
Sec. 504.251. GROUNDS FOR LICENSE, REGISTRATION, OR
CERTIFICATION DENIAL OR DISCIPLINARY ACTION. The department
shall refuse to issue a license, registration, or certification
issued by the department to an applicant, refuse to renew a
license, registration, or certification holder's license,
registration, or certification issued by the department, or take
disciplinary action against the holder of a license,
registration, or certification issued by the department if the
applicant or license, registration, or certification holder:
(1) violates or assists another to violate this chapter or a
rule adopted under this chapter;
(2) circumvents or attempts to circumvent this chapter or a rule
adopted under this chapter;
(3) directly or indirectly participates in a plan to evade this
chapter or a rule adopted under this chapter;
(4) has a license to practice chemical dependency counseling in
another jurisdiction refused, suspended, or revoked for a reason
that the department determines would constitute a violation of
this chapter or a rule adopted under this chapter;
(5) engages in false, misleading, or deceptive conduct as
defined by Section 17.46, Business & Commerce Code;
(6) engages in conduct that discredits or tends to discredit the
profession of chemical dependency counseling;
(7) directly or indirectly reveals a confidential communication
made to the person by a client or recipient of services, except
as required by law;
(8) refuses to perform an act or service the person is licensed,
registered, or certified to perform under this chapter on the
basis of the client's or recipient's age, sex, race, religion,
national origin, color, or political affiliation; or
(9) commits an act for which liability exists under Chapter 81,
Civil Practice and Remedies Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
Sec. 504.252. DISCIPLINARY POWERS OF DEPARTMENT. (a) On a
determination that grounds exist to deny a license, registration,
or certification issued by the department or license,
registration, or certification renewal issued by the department
or to take disciplinary action against the holder of a license,
registration, or certification issued by the department, the
department may:
(1) refuse to issue or renew a license, registration, or
certification;
(2) revoke or suspend a license, registration, or certification;
(3) place on probation a license, registration, or certification
holder whose license, registration, or certification is
suspended; or
(4) reprimand a license, registration, or certification holder.
(b) If the department places on probation a license,
registration, or certification holder whose license,
registration, or certification issued by the department is
suspended, the department may require the license, registration,
or certification holder to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to the areas prescribed by the department; or
(3) continue or review professional education until the license,
registration, or certification holder attains a degree of skill
satisfactory to the department in the areas that are the basis of
the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
Sec. 504.2525. SUMMARY LICENSE, REGISTRATION, OR CERTIFICATION
SUSPENSION. (a) The department shall suspend the license,
registration, or certification issued by the department of a
license, registration, or certification holder if the department
receives written notice from the Department of Public Safety or
another law enforcement agency that the license, registration, or
certification holder has been charged, indicted, placed on
deferred adjudication, community supervision, or probation, or
convicted of an offense described by Section 504.1525.
(b) To initiate a proceeding to take action under Subsection
(a), the department must serve notice on the license,
registration, or certification holder. The notice must:
(1) state the grounds for summary suspension; and
(2) be personally served on the license, registration, or
certification holder or sent to the license, registration, or
certification holder by certified or registered mail, return
receipt requested, to the license, registration, or certification
holder's mailing address as it appears in the department's
records.
(c) The suspension is effective at the time notice is served.
The license, registration, or certification holder is entitled to
appeal the suspension as provided by Section 504.255.
Added by Acts 2001, 77th Leg., ch. 1107, Sec. 6, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
Sec. 504.253. COMPLAINT AND INVESTIGATION. (a) A person may
file a complaint with the department alleging a violation of this
chapter. The complaint must be in writing and under oath.
(b) The department shall provide to the person filing the
complaint and to each person or entity that is the subject of the
complaint the department's policies and procedures pertaining to
complaint investigation and resolution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
Sec. 504.254. RIGHT TO ADMINISTRATIVE HEARING. (a) If the
department proposes to suspend, revoke, or refuse to renew a
person's license, registration, or certification issued by the
department, the person is entitled to a hearing conducted by the
State Office of Administrative Hearings.
(b) Procedures for disciplinary action are governed by Chapter
2001, Government Code. Rules of practice adopted by the
executive commissioner under Section 2001.004, Government Code,
applicable to the proceedings for a disciplinary action may not
conflict with rules adopted by the State Office of Administrative
Hearings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
Sec. 504.255. APPEAL OF CERTAIN DENIALS, REFUSALS TO RENEW, AND
SUSPENSIONS. (a) A person whose license, registration, or
certification application is denied under Section 504.1525, whose
license, registration, or certification renewal is refused under
Section 504.2025, or whose license, registration, or
certification is suspended under Section 504.2525 may appeal the
denial, refusal to renew, or suspension on the grounds that:
(1) the sole basis for the department's determination is a
conviction or placement on community supervision for an offense
described by Section 504.1525; and
(2) sufficient time, as determined by executive commissioner
rule, has expired since the date of the conviction or placement.
(b) A proceeding under this section is governed by Chapter 2001,
Government Code.
(c) After a hearing under this section, the department may
determine that the person is entitled to a license, registration,
or certification under this chapter.
Added by Acts 2001, 77th Leg., ch. 1107, Sec. 7, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 17, eff. September 1, 2007.
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 504.301. IMPOSITION OF PENALTY. The department may impose
an administrative penalty on a person who violates this chapter
or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.302. AMOUNT OF PENALTY. (a) The amount of the
administrative penalty may not exceed $1,000 for each violation.
Each day of a continuing violation is a separate violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice requires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 504.303. NOTICE OF VIOLATION AND PENALTY. If, after
investigation of a possible violation and the facts surrounding
the possible violation, the department determines that a
violation occurred, the department shall give written notice of
the violation to the person alleged to have committed the
violation. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative penalty; and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not
later than the 20th day after the date the person receives the
notice under Section 504.303, the person may:
(1) accept the department's determination and proposed
administrative penalty; or
(2) make a written request for a hearing on that determination.
(b) If the person accepts the department's determination, the
commissioner or the commissioner's designee by order shall
approve the determination and assess the proposed penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.305. HEARING. (a) If the person requests a hearing in
a timely manner, the department shall set a hearing and give
written notice of the hearing to the person.
(b) The department may employ a hearings examiner for this
purpose.
(c) The hearings examiner shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the commissioner or the commissioner's
designee a proposal for decision as to the occurrence of the
violation and the amount of any proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.306. DECISION BY DEPARTMENT. (a) Based on the
findings of fact, conclusions of law, and recommendations of the
hearings examiner, the commissioner or the commissioner's
designee by order may determine that:
(1) a violation occurred and assess an administrative penalty;
or
(2) a violation did not occur.
(b) The department shall give notice of the order to the person.
The notice must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty assessed; and
(3) a statement of the person's right to judicial review of the
order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Not later than the 30th day after the date the department's order
becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review
contesting the fact of the violation, the amount of the penalty,
or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the fact of the violation, the amount of the
penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection
(a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond approved by the court
that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the order is final;
or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the department by
certified mail.
(c) If the department receives a copy of an affidavit under
Subsection (b)(2), the department may file with the court a
contest to the affidavit not later than the fifth day after the
date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay enforcement of
the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 18, eff. September 1, 2007.
Sec. 504.308. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court
may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced penalty.
(b) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 504.309. REMITTANCE OF PENALTY AND INTEREST. (a) If after
judicial review the administrative penalty is reduced or not
imposed by the court, the court shall, after the judgment becomes
final:
(1) order that the appropriate amount be remitted to the person
if the person paid the penalty, plus accrued interest if the
person paid the penalty under Section 504.307(a)(2); or
(2) order the release of the bond in full if the penalty is not
imposed or order the release of the bond after the person pays
the penalty imposed if the person posted a supersedeas bond.
(b) The interest paid under Subsection (a)(1) is the rate
charged on loans to depository institutions by the New York
Federal Reserve Bank. The interest shall be paid for the period
beginning on the date the penalty is paid and ending on the date
the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 504.310. COLLECTION OF PENALTY. (a) In this section,
"reasonable expenses and costs" includes expenses incurred by the
department and the attorney general in the investigation,
initiation, or prosecution of an action, including reasonable
investigative costs, court costs, attorney's fees, witness fees,
and deposition expenses.
(b) If the person does not pay the administrative penalty and
the enforcement of the penalty is not stayed under Section
504.307, the department may refer the matter to the attorney
general for collection of the penalty.
(c) The department may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of
the hearing, an administrative penalty is assessed against the
person. The person shall pay expenses and costs assessed under
this subsection not later than the 30th day after the date the
order of the commissioner or the commissioner's designee
requiring the payment of expenses and costs is final. The
department may refer the matter to the attorney general for
collection of expenses and costs.
(d) If the attorney general brings an action against a person to
enforce an administrative penalty assessed under this chapter and
the person is found liable for the administrative penalty, the
attorney general may recover, on behalf of the attorney general
and the department, reasonable expenses and costs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 19, eff. September 1, 2007.
Sec. 504.311. ADMINISTRATIVE PROCEDURE. A proceeding to assess
an administrative penalty under this subchapter is subject to
Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 504.351. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If it
appears that a person has violated, is violating, or is
threatening to violate this chapter or a rule adopted under this
chapter, the department or the attorney general at the request of
the department may institute an action in district court for an
injunction, a civil penalty, or both.
(b) On application for injunctive relief and a finding that a
person is violating or threatening to violate this chapter or a
rule adopted under this chapter, the district court may grant
injunctive relief as the facts warrant. The department is not
required to give an appeal bond in an appeal of an action seeking
injunctive relief under this section.
(c) The amount of a civil penalty imposed under this section may
not be less than $50 or more than $500 for each day of the
violation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1373, Sec. 20, eff. September 1, 2007.