HBA-DMD H.B. 1088 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1088 By: West, George State Affairs 4/13/1999 Introduced BACKGROUND AND PURPOSE Sociology is one of the oldest of the social sciences with its origins being traced back to the early 1800s. Sociological theory, while used extensively by marriage and family therapists as well as social workers in Texas, has experienced a substantially growing presence in both qualitative and quantitative analysis, relating to criminal justice, psychiatric and mental health care, psychosocial rehabilitation, and gerontology. Currently, no entity recognizes, regulates, or certifies sociological practitioners outside of social workers and marriage and family therapists. H.B. 1088 creates the Texas Board of Examiners of Sociologists (board), to regulate and certify certain sociologists. This bill subjects the board to the Texas Sunset Act and abolishes the board on September 1, 2009, unless continued in existence. This bill authorizes the board to adopt rules for its own procedures. It sets forth conditions under which a person is eligible for certification as a certified sociological practitioner and a certified professional sociological practitioner. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Examiners of Sociologists in ARTICLES 2, 3, and 5 (SECTIONS 2.11, 3.05, and 5.02) and to the Texas Board of Health in ARTICLES 2 and 5 (SECTIONS 2.10 and 5.02) of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1. GENERAL PROVISIONS SECTION 1.01. DEFINITIONS. Defines "board," "board of health," "certified sociological practitioner," and "department." ARTICLE 2. ADMINISTRATION SECTION 2.01. BOARD. Sets forth the composition of the Texas Board of Examiners of Sociologists (board). Sets forth standard Sunset language regarding equal opportunity. Subjects the board to Chapters 551 (Open Meetings) and 2001 (Administrative Procedure), Government Code. SECTION 2.02. SUNSET PROVISION. Subjects the board to the Texas Sunset Act, Chapter 325, Government Code. Provides that the board is abolished and this Act expires September 1, 2009, unless continued in existence as provided by that chapter. SECTION 2.03. TERMS; VACANCY. Provides that members of the board hold office for staggered terms of six years with three members' terms expiring February 1 of each odd-numbered year. Requires the governor to appoint a replacement, if a vacancy occurs in the board, who meets the qualifications for the vacated office in order to fill the unexpired part of the term. SECTION 2.04. OFFICERS. Requires the board to elect a presiding officer and assistant presiding officer from the board's members who are required to serve as provided by board rule. SECTION 2.05. COMPENSATION; REIMBURSEMENT. Provides that a member of the board is not entitled to compensation for serving on the board but is entitled to reimbursement for travel expenses as provided by the General Appropriations Act. SECTION 2.06. MEETINGS. Requires the board to meet semiannually at a minimum. Authorizes the board to meet at other times at the call of the presiding officer or as provided by board rule. SECTION 2.07. RESTRICTIONS ON APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. SECTION 2.08. REMOVAL OF BOARD MEMBER. Sets forth standard Sunset language regarding board member removal. SECTION 2.09. PUBLIC INTEREST INFORMATION AND COMPLAINTS. Sets forth standard Sunset language regarding complaints. SECTION 2.10. FEES; FUND. (a) Requires the Texas Board of Health (board of health), by rule, to adopt fees for certification, certification renewal, examination, and other administrative expenses under this Act. (b) Requires the board of health to set fees in amounts that are reasonable and necessary to cover the costs of administering this Act. Authorizes the board to prescribe different certification fee amounts for a certified sociological practitioner holding only a baccalaureate degree, a certified professional sociological practitioner holding a master's degree, and a certified professional sociological practitioner holding a doctoral degree. (c) Requires the fees that are received by the Texas Department of Health (department) under this Act to be deposited in the general revenue fund. (d) Requires the salaries and reimbursements paid by the department to be comparable to those prescribed in the General Appropriations Act for persons holding comparable positions. Provides that the general rules of the General Appropriations Act apply to the expenditure of funds. Authorizes the board of health and the department to apply the funds covered by this section to replenish other budget items to the extent that funds were directed from those items to facilitate certification of sociologists before fees were available to do so. SECTION 2.11. GENERAL POWERS AND DUTIES OF BOARD; ANNUAL REPORT. (a) Authorizes the board to adopt rules for the board's own procedures. (b) Requires the board to propose rules relating to certification requirements for sociologists for consideration by the board of health. (c) Requires the board to determine the qualifications and fitness of applicants for certification under this Act, based on rules adopted by the board of health. (d) Requires the board to adopt a code of professional ethics for persons certified under this Act. (e) Requires the board to present a written report to the governor and the presiding officer of each house of the legislature on or before February 1 of each year, that describes the activities of the board and details the disposition of all funds received and disbursed by the board during the preceding year. SECTION 2.12. EXECUTIVE DIRECTOR; PERSONNEL. (a) Requires the commissioner of public health to appoint an executive director for the board, after consulting the board members, who must be an employee of the department. (b) Requires the executive director to administer the certification activities conducted under this Act as directed by the board or the commissioner of public health. (c) Requires the basic personnel and necessary facilities required to administer this Act to be designated by the commissioner of public health and to be made available to the board for the efficient administration of the board's duties. Requires the department to secure by agreement services that are necessary and provide for compensation for those services. Authorizes the department to employ and compensate, within available appropriations, professional consultants, technical assistants, and employees on a full-time or part-time basis as necessary to administer this Act. ARTICLE 3. CERTIFICATION SECTION 3.01. CERTIFICATION REQUIRED. Prohibits a person from using the title "certified sociological practitioner" or "certified professional sociological practitioner" or any other title that implies that the person is certified in sociology, unless the person has met certain conditions. SECTION 3.02. SCOPE OF PRACTICE. (a) Sets forth that services provided by a certified sociological practitioner or certified professional sociological practitioner include the application of sociological knowledge, theories, perspectives, methods, and research models to the analysis and design of interventions for effective social change and to produce greater effectiveness for groups and individuals at any level of social organization. (b) Authorizes a certified sociological practitioner to make social assessments and formal evaluations of interactional patterns and social situations to arrive at judgments that allow the practitioner to offer techniques, schemes, and strategies for intervention to facilitate change at any level of social organization. Authorizes a certified sociological practitioner to also employ sociological knowledge, theories, perspectives, methods, and research models to assist in individual and group problem-solving. (c) Provides that a certified professional sociological practitioner is a research and intervention specialist who produces information and interventions useful in resolving problems at any level of social organization. Sets forth that the practice includes the research model of formulating and testing options and the research model of assessment and evaluation. Authorizes a certified professional sociological practitioner, using these techniques, to assist with program planning, policy implementation and formulation, social impact analysis, needs assessments, and assessments of interactional patterns and social situations that allow the practitioner to arrive at judgments to facilitate change at any level of social organization. (d) Provides that areas of practice addressed by certified sociological practitioners and certified professional sociological practitioners include interventions directed at empowering groups and individuals to implement positive changes in the enactment of social roles and status by the groups and individuals to achieve greater overall effectiveness in the social environment. Authorizes these practitioners, as part of this process, to educate, investigate, and inform groups and individuals about social forces and social factors that affect individuals' lives to promote more effective interaction in the social environment. Provides that these social factors and forces include social structure, social change, culture, values, beliefs, attitudes, and behavior. SECTION 3.03. EXEMPTIONS. Sets forth conditions under which the certification requirements of this Act do not apply. SECTION 3.04. CERTIFICATION APPLICATION. (a) Provides that an applicant for certification under this Act must file a written sworn application with the board accompanied by the application fee. (b) Sets forth conditions under which a person is eligible for certification as a certified sociological practitioner. (c) Sets forth conditions under which a person is eligible for certification as a certified professional sociological practitioner. (d) Provides that a person who does not have the qualifications required by Subsection (c) of this section is eligible for certification as a certified professional sociological practitioner if the person has at least 24 hours of graduate-level classes in sociology and holds a master's degree or doctoral degree in criminology, criminal justice, social psychology, social work, marriage and family therapy, psychology, or another graduate-level human service degree program approved by the board. Provides that the 24 hours of graduate level classes in sociology must include a three- to six-hour internship consisting of no less than three hours of course work each in sociological theory, methodology, and statistics. Provides that if the person's internship was for six hours, the person must have completed not less than nine hours in graduate-level sociology elective courses. Provides that if the person's internship was for three hours, the person must have completed not less than 12 hours in graduate-level sociology elective courses. SECTION 3.05. APPLICANT QUALIFICATIONS; APPLICATION REVIEW. (a) Requires the board to prescribe the form of the application and authorizes the board, by rule, to establish dates by which applications and fees must be received. Prohibits these rules from being inconsistent with the rules of the department or board of health related to application dates for other licensing programs. (b) Requires the department, no later than 45 days after a properly submitted application is received and no later than 30 days before the next examination date, to notify an applicant in writing that the applicant's application and other relevant evidence pertaining to application qualifications established by the board have been received and investigated. Provides that the notice must state whether the application and other evidence submitted qualify the applicant for the examination. Provides that, if the applicant is not qualified to take the examination, the notice must state the reasons for the disqualification. SECTION 3.06. EXAMINATION REQUIREMENTS. (a) Provides that after September 1, 2000, each applicant for certification under this Act must pass an examination prescribed and approved by the board. Specifies the format for the examination. (b) Provides that an applicant must apply to take the examination on a form prescribed by the board that must be accompanied by the examination fee adopted by the board of health. (c) Requires the board to determine the times and places for certification examinations and to offer the examinations at least semiannually. Requires the board to give reasonable public notice of an examination in the manner provided by board rules. (d) Requires the board, unless the examination is graded or reviewed by a national testing service, to notify each examinee of the results of the examination no later than 30 days after the examination date. Requires the board, if the examination is graded or reviewed by a national testing service, to notify each examinee of the results from the national testing service. Requires the board, if the examination results will be delayed for more than 90 days after the examination date, to notify each examinee of the reason for the delay no later than 90 days after the examination date. (e) Authorizes an applicant who fails an examination to retake the examination on payment of an additional examination fee. Authorizes the board, on the failure of the applicant to pass a second or subsequent examination, to require the applicant to complete additional courses of study designated by the board before the applicant may retake the examination. Authorizes the board to require the applicant to present satisfactory evidence of completion of a required course. (f) Requires the board to furnish the person with an analysis of the person's performance on the examination, if requested in writing by a person who fails an examination administered under this Act. SECTION 3.07. NOTICE OF CURRENT ADDRESS. Requires each certificate holder to keep the board informed of the certificate holder's current address. SECTION 3.08. CERTIFICATE RENEWAL; CONTINUING EDUCATION. (a) Subjects a certificate issued under this Act to annual renewal. Requires the board to adopt a system under which certificates expire on various dates during the year. (b) Authorizes the certificate to be renewed annually if the person holding the certificate is not in violation of this Act at the time of application for renewal and if the applicant fulfills continuing education requirements as established by the board. (c) Authorizes a certificate holder to renew an unexpired certificate by paying the renewal fee before the expiration date of the certificate. (d) Authorizes a person, if the person's certificate has expired for 90 days or less, to renew the certificate by paying to the board the required renewal fee and a fee in an amount that is equal to half of the examination fee for certification. (e) Prohibits a person from renewing the certificate, if the person's certificate has been expired for one year or longer. Authorizes the person to obtain a new certificate by complying with the requirements and procedures for obtaining an original certificate. (f) Authorizes the board to renew without reexamination an expired certificate of a person who was certified in this state, moved to another state, and is currently certified and has been in practice in the other state for the two years preceding application. Provides that the person must pay to the board a fee that is equal to the examination fee for the certificate. (g) Authorizes the board to approve continuing education programs for certificate holders and to require a certificate holder to participate in an approved continuing education program in order to renew a certificate issued under this Act. SECTION 3.09. PROVISIONAL CERTIFICATION. (a) Authorizes the board to grant, on application and payment of any required fees, a provisional certificate to a person who at the time of application holds a valid certificate as a sociologist issued by another state or a political territory or jurisdiction. Specifies the provisions for an applicant for a provisional certificate under this section. (b) Authorizes an applicant for a provisional certificate to be excused from the requirement of Subsection (a) if the board determines that compliance with that subsection constitutes a hardship to the applicant. (c) Provides that a provisional certificate is valid until the date the board approves or denies the certificate holder's application for a certificate. Requires the board to issue a certificate under this Act to the holder of a provisional certificate under certain conditions. (d) Requires the board to complete the processing of a provisional certificate holder's application for a certificate no later than 180 days after the provisional certificate is issued or at the time certificates are issued following the successful completion of the examination, whichever is later. SECTION 3.10. DISPLAY OF CERTIFICATE; REGISTRY. (a) Requires each person certified under this Act to display the person's certificate in a conspicuous manner in the principal office or location in which the person practices. (b) Requires the board to prepare a registry of all persons certified under this Act on an annual basis. Requires the board to make the registry available to the public, certificate holders, and other state agencies. SECTION 3.11. INACTIVE STATUS. (a) Authorizes a person who holds a certificate issued under this Act and who is not actively engaged in the practice of sociology to apply to the board in writing to be placed on the inactive status list maintained by the board. Provides that the person must apply for inactive status before the expiration of the person's certificate. Provides that a person on inactive status is not required to pay an annual renewal fee. (b) Requires a person, if the person on inactive status desires to renew active status, to notify the board in writing. Requires the board to remove the person from the inactive status list on payment of an administrative fee and on compliance with educational or other requirements set by board rule. ARTICLE 4. ENFORCEMENT PROVISIONS SECTION 4.01. DENIAL OF CERTIFICATE OR DISCIPLINARY ACTION. Specifies the conditions under which the board is authorized to deny, suspend, probate, or revoke a certificate or otherwise discipline a certificate holder. SECTION 4.02. INJUNCTION. Authorizes the board or department to bring an action to enjoin a violation of this Act and authorizes the action to be brought in Travis County, in the county of the defendant's residence, or in the county in which any part of the violation occurred. Provides that an action brought under this section is in addition to any other action authorized by law. Requires the board or department to be represented in a proceeding under this section by the attorney general or the appropriate county or district attorney. SECTION 4.03. PENALTY. Provides that a person, other than a person who is exempt under Section 3.03 of this Act, commits a Class B misdemeanor offense if the person intentionally or knowingly violates Section 3.01 of this Act. ARTICLE 5. EFFECTIVE DATE; TRANSITION; EMERGENCY SECTION 5.01. (a) Effective date: September 1, 1999, except as provided by Subsection (b) of this section. (b) Effective date: September 1, 2001, for Sections 3.01 and 4.03 of this Act. SECTION 5.02. TRANSITION. (a) Requires the board and the board of health to adopt rules under this Act no later than January 1, 2000. (b) Entitles a person actively engaged in the practice of sociology consistent with applicable law on or before January 1, 1999, to receive a certificate as a certified sociological practitioner without an examination if the person applies on or before September 1, 2001, and presents evidence satisfactory to the board that the person meets certain requirements. (c) Entitles a person actively engaged in the practice of sociology consistent with applicable law on or before January 1, 1999, to receive a certificate as a certified professional sociological practitioner without an examination if the person applies on or before September 1, 2001, and presents evidence satisfactory to the board that the person meets certain requirements. (d) Provides that a sociologist member of the board is not required to be certified at the time of the member's appointment to the board if the member was appointed to the board before January 1, 2001, or to be certified under this Act for three years or more after the date of the member's appointment to the board if the member was appointed to the board before September 1, 2003. (e) Sets forth persons who the governor is required to appoint, when making the initial appointments to the board. (f) Provides that the requirement under Section 3.04(c) of this Act that an applicant for certification have experience supervised by a certified professional sociological practitioner takes effect September 1, 2001. Provides that before that date, the experience must be supervised in a manner acceptable to the board. SECTION 5.03. Emergency clause.