Title OC, Occupations Code

Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL INSTITUTION. This chapter does not apply to an activity, service, or use of an official title by a person employed as a counselor by a federal, state, county, or municipal agency or, except as provided by Section 21.003(b), E…

Sec. 503.052. COUNSELOR INTERN. This chapter does not apply to an activity or service of a student, intern, or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution if: (1) the activity or…

Sec. 503.054. COUNSELING BY OTHER LICENSED OR CERTIFIED PROFESSIONAL OR BY RELIGIOUS PRACTITIONER. This chapter does not apply to an activity or service of any of the following persons performing counseling consistent with the law of this state, the person's training, and any cod…

Sec. 503.055. PERSON LICENSED TO PRACTICE LAW. This chapter does not apply to an activity, service, title, or description of a person licensed to practice law. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 503.056. COUNSELING FOR NONPROFIT ORGANIZATION OR CHARITY. This chapter does not apply to an activity, service, title, or description of a person who is employed as a professional by or who volunteers in the practice of counseling for a public or private nonprofit organizati…

Sec. 503.057. COUNSELING UNDER OTHER CERTIFICATION. This chapter does not apply to an activity, service, title, or description of a person certified by the Commission on Rehabilitation Counselor Certification or the Commission on Certification of Work Adjustment and Vocational Ev…

Sec. 503.059. EXEMPT PERSON VOLUNTARILY LICENSED UNDER CHAPTER. A person otherwise exempt under this subchapter who obtains a license under this chapter is subject to this chapter to the same extent as any other person licensed under this chapter. Acts 1999, 76th Leg., ch. 388, S…

Sec. 503.060. MUSICAL THERAPY SERVICES. This chapter does not apply to an activity, service, title, or description of a person who: (1) is certified by the Certification Board for Music Therapists or listed with the National Music Therapy Registry; (2) performs a music therapy se…

Sec. 503.101. BOARD MEMBERSHIP. (a) The Texas State Board of Examiners of Professional Counselors consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) five licensed professional counselor members, at least three of whom are …

Sec. 503.102. MEMBERSHIP QUALIFICATIONS. (a) To be qualified for appointment as a licensed professional counselor member of the board, a person must: (1) be a citizen of the United States and a resident of this state for the 30 months preceding appointment; (2) have engaged in th…

Sec. 503.103. 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 care; (2) the person's spouse is registered, …

Sec. 503.104. 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 wi…

Sec. 503.105. TERMS. Board members serve staggered six-year terms with the terms of three members expiring on February 1 of each odd-numbered year. In making an appointment to the board, the governor shall specify which member the new appointee succeeds. Acts 1999, 76th Leg., ch.…

Sec. 503.106. OFFICERS. (a) The governor shall designate a member of the board as presiding officer. The presiding officer serves in that capacity at the will of the governor. (b) The board shall elect an assistant presiding officer to serve as provided by board rule. Acts 1999, …

Sec. 503.107. 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 Section 503.102; (2) does not maintain during the service on the board the qualifications required by Sect…

Sec. 503.108. REIMBURSEMENT. A board member may receive reimbursement for expenses as provided by the General Appropriations Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 561 (H.B. 1283), Sec. 7, eff. September 1, 2005.

Sec. 503.109. MEETINGS. The board shall hold at least two regular meetings each year as provided by board rule. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 503.110. TRAINING. (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 until the person completes a training program that complies with this section. (b) The trainin…

Sec. 503.111. OFFICIAL OATH. Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER E. POWERS AND DUTIES

Sec. 503.201. GENERAL POWERS AND DUTIES OF EXECUTIVE COUNCIL. (a) The executive council shall: (1) determine the qualifications and fitness of an applicant for a license, license renewal, or provisional license; (2) examine for, deny, approve, issue, revoke, suspend, suspend on a…

Sec. 503.2015. 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 …

Sec. 503.208. COMPETENT PERFORMANCE OF PROFESSIONAL DUTIES. The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SUBCHAPTER G. LICENSE REQ…

Sec. 503.301. LICENSE REQUIRED. A person may not engage in the practice of professional counseling unless the person is: (1) licensed under this chapter; or (2) exempt from this chapter under Subchapter B. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 503.302. QUALIFICATIONS FOR LICENSE. (a) A person qualifies for a license under this chapter if the person: (1) is at least 18 years old; (2) has a master's or doctoral degree in counseling or a related field; (3) has successfully completed a graduate degree at a regionally …

Sec. 503.3025. EXPERIENCE REQUIRED TO ACT AS SUPERVISOR. The executive council shall allow a license holder who has practiced as a licensed counselor in another state to count that out-of-state experience toward any experience that the license holder is required by executive coun…

Sec. 503.303. SPECIALIZATION IN ART THERAPY. (a) A person qualifies for a license as a professional counselor with a specialization in art therapy if the person: (1) meets the requirements for a license under Section 503.302; (2) holds: (A) a master's or doctoral degree in art th…

Sec. 503.304. REVIEW OF APPLICATION. (a) Not later than the 30th day before the examination date, after investigation of a license application and review of other evidence submitted, the executive council shall notify the applicant that the application and evidence submitted are:…

Sec. 503.305. LICENSE EXAMINATION. (a) The executive council shall administer examinations to determine the competence of qualified applicants at least twice each calendar year. (b) The executive council shall contract with a nationally recognized testing organization to develop …

Sec. 503.3055. JURISPRUDENCE EXAMINATION. (a) The board shall develop a jurisprudence examination to determine an applicant's knowledge of this chapter, executive council rules, and any other applicable laws of this state affecting the applicant's professional counseling practice…

Sec. 503.308. ASSOCIATE LICENSE. (a) The executive council by rule may provide for the issuance of an associate license. Rules adopted under this subsection must provide a time limit for the period an associate license is valid. (b) The executive council by rule may adopt a syste…

Sec. 503.310. PROVISIONAL LICENSE. (a) On application and payment of applicable fees, the executive council may issue a provisional license to a person who holds a license as a counselor or art therapist issued by another state or by a jurisdiction acceptable to the executive cou…

Sec. 503.311. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. (a) The executive council shall issue a license to the holder of a provisional license who applies for a license if: (1) the executive council verifies that the applicant has the academic and experience requirements…

Sec. 503.312. INACTIVE STATUS. (a) On request of a person licensed under this chapter, the executive council shall place the person's license on inactive status. (b) A person whose license is inactive: (1) foregoes the licensing rights granted under this chapter; and (2) is not r…

Sec. 503.313. RETIREMENT STATUS. The executive council by rule may adopt a system for placing a person licensed under this chapter on retirement status. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.…

Sec. 503.314. DISPLAY AND SURRENDER OF LICENSE CERTIFICATE. (a) A person licensed under this chapter shall display the person's license certificate in an appropriate and public manner. (b) A license certificate issued by the executive council is the property of the executive coun…

Sec. 503.351. RENEWAL; ELIGIBILITY. A person licensed under this chapter may renew the license biennially if the person: (1) is not in violation of this chapter when the person applies for renewal; and (2) fulfills the continuing education requirements established by the executiv…

Sec. 503.352. LICENSE EXPIRATION DATE. The executive council shall adopt a system under which licenses expire on various dates during the year. On renewal of the license on the expiration date, the total license renewal fee is payable. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. …

Sec. 503.353. NOTICE OF LICENSE EXPIRATION. Not later than the 30th day before the expiration date of a person's license, the executive council shall send written notice of the impending license expiration to the person at the person's last known address according to the executiv…

Sec. 503.401. DISCIPLINARY ACTIONS. (a) A person licensed under this chapter is subject to disciplinary action under Subchapter G, Chapter 507, if the person: (1) violates this chapter or a rule or code of ethics adopted under this chapter; (2) commits an act for which the licens…

Sec. 503.407. REFUND. (a) Subject to Subsection (b), the executive council may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under S…

Sec. 503.452. CRIMINAL OFFENSES. (a) A person commits an offense if the person knowingly: (1) engages in the practice of professional counseling without holding a license under this chapter; (2) represents the person by the title "Licensed Professional Counselor" or "Licensed Cou…

Sec. 503.453. REPORT OF ALLEGED OFFENSE. The executive council shall notify the appropriate prosecuting attorney of an alleged offense committed under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 15…