Title OC, Occupations Code

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…

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 proble…

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 l…

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) e…

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. 13…

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 aff…

Sec. 504.053. FEES; ACCOUNT. (a) The executive commissioner by rule shall set application, examination, license renewal, and other fees in amounts sufficient to cover the costs of administering this chapter. The fees for the issuance or renewal of a license under this chapter sha…

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. …

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…

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 p…

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 cha…

Sec. 504.058. FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR PROGRAMS. (a) The executive commissioner shall add a surcharge of not more than $10 to the license or license renewal fee for a license under this chapter to fund approved peer assistance programs for chemical dependency cou…

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 s…

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…

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 rec…

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…

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 a…

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…

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 ab…

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 exec…

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…

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 counse…

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 …