HBA-NRS H.B. 410 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 410
By: Maxey
Public Health
2/8/2001
Introduced



BACKGROUND AND PURPOSE
 
When consumers select a psychologist for their mental health care they
sometimes depend on word of mouth or information provided by their
insurance company. Background information on a psychologist such as
education, any specialty certification held, and whether the psychologist
has a criminal history or has paid a malpractice claim might help consumers
to make an informed, objective selection of a psychologist. House Bill 410
requires the Texas State Board of Examiners of Psychologists to create and
make available to the public profiles containing such information about
psychologists licensed in the state of Texas.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Examiners of
Psychologists in SECTION 1 (Section 501.207, Occupations Code) and SECTION
2 of this bill. 

ANALYSIS

House Bill 410 amends the Occupations Code to require the Texas State Board
of Examiners of Psychologists (board) to create and make available to the
public a profile of each psychologist. The bill specifies the information
to be contained in the profile, including information regarding the
psychologist's practice, education, any specialty certification, and a
description of any criminal or disciplinary charges against the
psychologist. 

The bill prohibits the board from disclosing a pending malpractice claim or
complaint to the public, but does not prevent the board from investigating
and disciplining a psychologist on the basis of such a complaint. The bill
does not require the board to disclose confidential settlement information.
The bill does not prevent the board from providing explanatory information
regarding the significance of categories of reported malpractice
settlements. 

The bill requires the board to obtain additional information from a
psychologist at the time the psychologist renews the psychologist's
license. The bill requires the board to inform the  psychologist that it is
mandatory to provide profile information, to disclose the date the
information will be made available to the public, and instruct the
psychologist that on request, the board is required to provide a
psychologist with a copy of the psychologist's profile. The bill requires
the board to provide the psychologist one month from the date the copy is
provided to correct factual errors in the psychologist's profile.  

The bill requires the board to update profile information annually, and to
adopt a form that allows a psychologist to update the profile information.
The bill requires the form to be made available on the Internet and in
other formats as prescribed by board rule. The bill authorizes the board to
adopt rules concerning the type and content of additional information that
may be included in a psychologist's profile. 

The bill requires the board to adopt rules under these provisions not later
than April 1, 2002. The board is required to make available to the public
the initial psychologist profiles not later than September 1, 2003. The
board is required to raise fees in an amount not to exceed $20 for each
fiscal year in the 2002-2003  biennium and not to exceed $10 for each
fiscal year in the 2004-2005 biennium for each psychologist licensed by the
board to cover the costs of administering the changes in law made by this
Act. The bill requires the board to reduce any increased fees not later
than the second anniversary of the date the initial psychologist profiles
are made available to the public to the extent the increase in fee amounts
was necessary to cover the initial costs incurred by the board in
establishing a psychologist profile system.  

EFFECTIVE DATE

September 1, 2001.