SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 501.001 - Short Title
This chapter may be cited as the Psychologists' Licensing Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 501.002 - Definitions
In this chapter: (1) "Board" means the Texas State Board of Examiners of Psychologists. (2) "Licensed specialist in school psychology" means a person who holds...
- Texas Section 501.003 - Practice Of Psychology
(a) In this section, "psychological services" means acts or behaviors that are included within the purview of the practice of psychology. (b) A person is...
- Texas Section 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,...
SUBCHAPTER B TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
- Texas Section 501.005 - Application Of Sunset Act
The Texas State Board of Examiners of Psychologists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by...
- Texas Section 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...
- Texas Section 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...
- Texas Section 501.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 501.058 - Oath Of Office
Before entering office, a board member must file with the secretary of state the constitutional oath taken by the person. Acts 1999, 76th Leg., ch....
SUBCHAPTER C EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
- Texas Section 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...
- Texas Section 501.101 - Executive Director
The board shall employ an executive director, who holds that position at the pleasure of the board. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 501.102 - Personnel
The board may employ persons, including investigators, attorneys, consultants, and administrative staff, as necessary or desirable to administer this chapter. Acts 1999, 76th Leg., ch....
- Texas Section 501.103 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 501.104 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 501.105 - Equal Employment Opportunity Policy; Report
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity...
- Texas Section 501.151 - General Powers And Duties
(a) The board may adopt rules necessary to perform its duties and regulate its proceedings. (b) The board shall adopt an official seal. (c) The...
- Texas Section 501.152 - Fees
(a) The board by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. (b) The board may...
- Texas Section 501.154 - Annual Listing
(a) The board shall publish annually a list of all psychologists licensed under this chapter. The list shall be provided in both alphabetical and geographical...
- Texas Section 501.155 - Voluntary Guidelines
(a) The board may cooperate with an agency that is not subject to this chapter to formulate voluntary guidelines to be observed in the training,...
- Texas Section 501.156 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or...
- Texas Section 501.157 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a standardized form for filing complaints with the board; and (2) prescribe information to be provided when...
- Texas Section 501.158 - Competency Requirements
(a) This section applies to a person who is: (1) applying to take the provisional license examination; (2) applying for a license or license renewal;...
- Texas Section 501.160 - Use Of Technology
The board shall implement a policy requiring the use of appropriate technological solutions to improve the board's ability to perform its functions. The policy must...
- Texas Section 501.161 - Negotiated Rulemaking And Alternative Dispute Resolution
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 501.162 - Development Of Proposed Rules
(a) This section applies to the process by which the board develops proposed rules before the proposed rules are published in the Texas Register and...
- Texas Section 501.201 - Public Interest Information
(a) The board shall prepare information of public interest describing the functions of the board. (b) The board shall make the information available to the...
- Texas Section 501.202 - Complaints
(a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 501.203 - Information About Complaint Actions
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties...
- Texas Section 501.204 - General Rules Regarding Complaint Investigation And Disposition
(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this subsection must: (1) distinguish...
- Texas Section 501.205 - Confidentiality Of Complaint Information
(a) Except as provided by Subsection (b), a complaint and investigation concerning a license holder and all information and materials compiled by the board in...
- Texas Section 501.206 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
SUBCHAPTER F GENERAL LICENSE REQUIREMENTS
- Texas Section 501.207 - Subpoenas
(a) In an investigation of a complaint filed with the board, the executive director or presiding officer of the board may issue a subpoena to...
- Texas Section 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...
- Texas Section 501.252 - Psychologist License Application
(a) To be licensed under this chapter, a person must apply to the board for a license. The board shall issue a license to an...
- Texas Section 501.253 - Provisional License
(a) The board shall issue a provisional license to an applicant who has: (1) passed the examinations prescribed by the board; (2) satisfied the preliminary...
- Texas Section 501.254 - Provisional License Application
(a) An applicant for examination for a provisional license must: (1) apply on forms prescribed by the board; and (2) submit the required fee with...
- Texas Section 501.255 - Provisional License Examination Qualifications
(a) An applicant may take an examination for a provisional license if the applicant: (1) has received: (A) a doctoral degree in psychology from a...
- Texas Section 501.256 - Examinations
(a) The board shall administer to qualified applicants at least annually the oral and written examination required by board rules. The board shall have the...
- Texas Section 501.2561 - Evaluation Of Oral Examination
(a) The board by rule shall establish a work group to evaluate the oral examination for the purpose of improving the consistency of the administration...
- Texas Section 501.257 - Reexamination
An applicant who fails an examination may be reexamined at intervals specified by the board on payment by the applicant of an examination fee that...
- Texas Section 501.258 - Notification Of Examination Results
(a) Not later than the 30th day after the date an examination is administered, the board shall notify each examinee of the results of the...
- Texas Section 501.259 - Licensing Of Psychological Associate
(a) The board shall set standards for the issuance of licenses to psychological personnel who hold a master's degree from an accredited university or college...
- Texas Section 501.260 - Licensed Specialist In School Psychology
(a) The board by rule shall issue a license to a licensed specialist in school psychology. A license issued under this section constitutes the appropriate...
- Texas Section 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)...
- Texas Section 501.262 - Reciprocal License
The board may enter into and implement agreements with other jurisdictions for the issuance of a license by reciprocity if the other jurisdiction's requirements for...
- Texas Section 501.263 - Temporary License
(a) The board may issue a temporary license to an applicant seeking to practice in this state for a limited time and limited purpose if...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 501.264 - Inactive Status
(a) A psychologist may place the psychologist's license on inactive status by applying to the board and paying a fee established by the board. (b)...
- Texas Section 501.301 - License Expiration
(a) A license issued under this chapter expires on December 31 of the year following the date the license is issued or renewed. A license...
- Texas Section 501.302 - License Renewal
(a) A person may renew an unexpired license by paying to the board the required renewal fee before the expiration date of the license. (b)...
- Texas Section 501.303 - Renewal Of Expired License By Out-of-state Practitioner
(a) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is...
SUBCHAPTER H PRACTICE BY PSYCHOLOGIST
- Texas Section 501.304 - Continuing Education
(a) The board shall establish a mandatory continuing education program for persons licensed by the board. The board by rule shall establish a minimum number...
- Texas Section 501.351 - General Authority To Delegate
(a) A psychologist licensed under this chapter may delegate to a provisionally licensed psychologist, a newly licensed psychologist who is not eligible for managed care...
SUBCHAPTER I DISCIPLINARY PROCEDURES
- Texas Section 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...
- Texas Section 501.401 - Grounds For Disciplinary Action
The board shall revoke or suspend a holder's license, place on probation a person whose license has been suspended, or reprimand a license holder who:...
- Texas Section 501.402 - Temporary License Suspension
(a) The board by rule shall adopt procedures for the temporary suspension of a license. (b) An executive committee of the board consisting of the...
- Texas Section 501.403 - Hearing
A person is entitled to a hearing before the State Office of Administrative Hearings if the board proposes to: (1) refuse the person's application for...
- Texas Section 501.404 - Schedule Of Sanctions
(a) The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter. In adopting the schedule...
- Texas Section 501.405 - Appeal
An appeal of an action of the board is governed by Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept....
- Texas Section 501.406 - Probation
If the board probates a license suspension, the board may require the license holder to: (1) report regularly to the board on matters that are...
- Texas Section 501.407 - Remedial Continuing Education
The board may require a license holder who violates this chapter to participate in a continuing education program. The board shall specify the continuing education...
- Texas Section 501.408 - Corrective Advertising
The board may order corrective advertising if a psychologist, individually or under an assumed name, engages in false, misleading, or deceptive advertising. Acts 1999, 76th...
- Texas Section 501.409 - Administrative Procedure
A proceeding to refuse, revoke, or suspend a license or to reprimand a person is governed by Chapter 2001, Government Code. Acts 1999, 76th Leg.,...
SUBCHAPTER J ADMINISTRATIVE PENALTY
- Texas Section 501.410 - Rules Governing Informal Proceedings
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings...
- Texas Section 501.451 - Imposition Of Administrative Penalty
The board may impose an administrative penalty on a person licensed or regulated under this chapter if the person violates this chapter or a rule...
- Texas Section 501.452 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of...
- Texas Section 501.453 - Report And Notice Of Violation And Penalty
(a) If the executive director determines that a violation may have occurred, the executive director shall issue to the board a report stating the facts...
- Texas Section 501.454 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice, the person may in writing: (1) accept the board's determination...
- Texas Section 501.455 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing...
- Texas Section 501.456 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may determine that: (1) a violation...
- Texas Section 501.457 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 501.458 - Collection Of Penalty
If the person does not pay the administrative penalty and enforcement of the penalty is not stayed, the executive director may refer the matter to...
- Texas Section 501.459 - Determination By Court
(a) If the court finds that a violation has occurred after the court reviews the board's order imposing an administrative penalty, the court may uphold...
- Texas Section 501.460 - 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)...
- Texas Section 501.461 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER K OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 501.462 - Deposit Of Penalty
An administrative penalty collected under this subchapter shall be deposited in the general revenue fund. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept....
- Texas Section 501.501 - Injunctive Relief
(a) The board may commence an action in its own name for an injunction to restrain a violation of this chapter. (b) The attorney general...
- Texas Section 501.502 - Civil Penalty
(a) A person who violates this chapter or a rule or order adopted under this chapter is liable to the state for a civil penalty...
- Texas Section 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...
- Texas Section 501.504 - Monitoring Of License Holder
The board by rule shall develop a system to monitor a license holder's compliance under this chapter. Rules adopted under this section must include procedures...
- Texas Section 501.505 - Option To Order Refund
(a) Under an agreement resulting from an informal settlement conference, the board may order a license holder to refund to the person who paid for...