Bill Text: TX HB808 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the authority of a psychologist to delegate the provision of certain care to a person under the psychologist's supervision, including a person training to become a psychologist.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB808 Detail]
Download: Texas-2013-HB808-Enrolled.html
| H.B. No. 808 | ||
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| relating to the authority of a psychologist to delegate the | ||
| provision of certain care to a person under the psychologist's | ||
| supervision, including a person training to become a psychologist. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 501, Occupations Code, is amended by | ||
| adding Subchapter H to read as follows: | ||
| SUBCHAPTER H. PRACTICE BY PSYCHOLOGIST | ||
| Sec. 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 panels, a person who holds a | ||
| temporary license issued under Section 501.263, and a person who | ||
| satisfies Section 501.255(a) and is in the process of acquiring the | ||
| supervised experience required by Section 501.252(b)(2) 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 board 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. | ||
| Sec. 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. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 808 was passed by the House on April | ||
| 3, 2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 808 was passed by the Senate on May | ||
| 17, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
