2005 Texas Occupations Code CHAPTER 502. MARRIAGE AND FAMILY THERAPISTS

OCCUPATIONS CODE

CHAPTER 502. MARRIAGE AND FAMILY THERAPISTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 502.001. SHORT TITLE.  This chapter may be cited as the 
Licensed Marriage and Family Therapist Act.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the Texas State Board of Examiners 
of Marriage and Family Therapists.
		(2)  "Commissioner" means the commissioner of state 
health services.        
		(3)  "Department" means the Department of State Health 
Services.            
		(4)  "Licensed marriage and family therapist" means a 
person who offers marriage and family therapy for compensation.
		(5)  "Licensed marriage and family therapist 
associate" means an individual who offers to provide marriage and 
family therapy for compensation under the supervision of a 
board-approved supervisor.
		(6)  "Marriage and family therapy" means providing 
professional therapy services to individuals, families, or married 
couples, alone or in groups, that involve applying family systems 
theories and techniques.  The term includes the evaluation and 
remediation of cognitive, affective, behavioral, or relational 
dysfunction in the context of marriage or family systems.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.252(a), eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 1061, § 1, eff. Sept. 1, 2005.


	§ 502.003. APPLICATION OF SUNSET ACT.  The Texas State 
Board of Examiners of Marriage and Family Therapists is subject to 
Chapter 325, Government Code (Texas Sunset Act).  Unless continued 
in existence as provided by that chapter, the board is abolished and 
this chapter expires September 1, 2017.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 2, eff. Sept. 1, 2005.


	§ 502.004. APPLICATION OF CHAPTER.  This chapter does not 
apply to:       
		(1)  the activities of a person employed to perform 
marriage and family therapy by a federal, state, county, or 
municipal agency or a public or private educational institution, if 
the activities are within the scope of the person's employment;
		(2)  the activities of a student, intern, or trainee in 
marriage and family therapy in a recognized course of study in 
marriage and family therapy at an accredited institution of higher 
education or other training institution, if:
			(A)  the activities constitute a part of the 
course of study;  and         
			(B)  the person is called a "marriage and family 
therapist intern" or similar title;
		(3)  the activities and services of a person licensed 
to practice another profession, including a physician, attorney, 
registered nurse, occupational therapist, psychologist, social 
worker, or licensed professional counselor;  or
		(4)  the activities and services of a recognized 
religious practitioner, including a pastoral counselor or 
Christian Science practitioner recognized by the Church of Christ 
Scientist as registered and published in the Christian Science 
Journal, if the practitioner practices marriage and family therapy 
in a manner consistent with the laws of this state.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2003, 78th Leg., ch. 892, § 34, eff. Sept. 1, 2003;  Acts 
2005, 79th Leg., ch. 1061, § 3, eff. Sept. 1, 2005.

SUBCHAPTER B. BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS


	§ 502.051. BOARD;  MEMBERSHIP.  (a) The Texas State Board 
of Examiners of Marriage and Family Therapists consists of nine 
members appointed by the governor with the advice and consent of the 
senate as follows:
		(1)  five marriage and family therapist members;  and                         
		(2)  four members who represent the public.                                   
	(b)  Appointments to the board shall be made without regard 
to the race, color, disability, sex, religion, age, or national 
origin of the appointee.
	(c)  In making appointments under Subsection (a)(1), the 
governor shall consider recommendations made by recognized 
professional associations of marriage and family therapists in this 
state.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.052. MEMBERSHIP;  RESTRICTIONS.  (a) A board member 
appointed under Section 502.051(a)(1) must:
		(1)  be eligible for a license under this chapter;  and                       
		(2)  have been engaged in the practice or education of 
marriage and family therapy for at least five years or have 5,000 
hours of clinical experience in the practice of marriage and family 
therapy.
	(b)  One member appointed under Section 502.051(a)(1) must 
be a professional educator in marriage and family therapy.
	(c)  A person is not eligible for appointment as a public 
member of the board under Section 502.051(a)(2) 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, certified, or 
licensed by an occupational regulatory agency in the field of 
mental health;  or
		(3)  the person or the person's spouse:                                       
			(A)  is employed by or participates in the 
management of a business entity or other organization regulated by 
the board or receiving funds from the board;
			(B)  owns or controls, directly or indirectly, 
more than a 10 percent interest in a business entity or other 
organization regulated by or receiving funds from the board;  or
			(C)  uses or receives a substantial amount of 
tangible goods, services, or funds from the board, other than 
compensation or reimbursement authorized by law for board 
membership, attendance, or expenses.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 4, eff. Sept. 1, 2005.


	§ 502.053. MEMBERSHIP AND EMPLOYEE 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 with mutual 
business or professional problems and in promoting their common 
interest.
	(b)  A person may not be a member of the board and may not be a 
department employee employed in a "bona fide executive, 
administrative, or professional capacity," as that phrase is used 
for purposes of establishing an exemption to the overtime 
provisions of the federal Fair Labor Standards Act of 1938 (29 
U.S.C. Section 201 et seq.) if:
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in the field of health 
services;  or
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in the field of mental 
health.
	(c)  A person may not be a member of the board or act as 
general counsel to the board or the department if the person is 
required to register as a lobbyist under Chapter 305, Government 
Code, because of the person's activities for compensation on behalf 
of a profession related to the operation of the board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 5, eff. Sept. 1, 2005.


	§ 502.054. TERMS;  VACANCY.  (a) Members of the board 
serve staggered six-year terms.  The terms of three members expire 
on February 1 of each odd-numbered year.
	(b)  If a vacancy occurs during a member's term, the governor 
shall appoint a replacement to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.055. OFFICERS.  (a) The governor shall designate a 
board member as the presiding officer.  The presiding officer 
serves in that capacity at the will of the governor.
	(b)  At the meeting of the board held closest to August 31 of 
each year, the board shall elect one of its members as the assistant 
presiding officer.  The assistant presiding officer serves as 
provided by board rule.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.056. 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 502.052;
		(2)  does not maintain during service on the board the 
qualifications required by Section 502.052;
		(3)  is ineligible for membership under Section 
502.052(c) or 502.053;      
		(4)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term;
		(5)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year without an excuse approved by a majority vote 
of the board;  or
		(6)  violates a prohibition established by Section 
502.159.                 
	(b)  The validity of an action of the board is not affected by 
the fact that it is taken when a ground for removal of a board member 
exists.
	(c)  If the executive director has knowledge that a potential 
ground for removal exists, the executive director shall notify the 
presiding officer of the board of the potential ground.  The 
presiding officer shall then notify the governor and the attorney 
general that a potential ground for removal exists.  If the 
potential ground for removal involves the presiding officer, the 
executive director shall notify the next highest ranking officer of 
the board, who shall then notify the governor and attorney general 
that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 6, eff. Sept. 1, 2005.


	§ 502.057. COMPENSATION;  REIMBURSEMENT.  (a) A board 
member may not receive compensation for service on the board.
	(b)  A board member is entitled to reimbursement for expenses 
as provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 7, eff. Sept. 1, 2005.


	§ 502.058. MEETINGS.  (a) The board shall meet at least 
twice during each year.
	(b)  The board may meet at other times at the call of the 
presiding officer or as provided by board rule.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.059. TRAINING REQUIREMENTS.  (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 of the board until the person completes a training program 
that complies with this section.
	(b)  The training program must provide the person with 
information regarding:
		(1)  this chapter;                                                            
		(2)  the programs operated by the board;                                      
		(3)  the role and functions of the board;                                     
		(4)  the rules of the board, with an emphasis on the 
rules that relate to disciplinary and investigatory authority;
		(5)  the current budget for the board;                                        
		(6)  the results of the most recent formal audit of the 
board;              
		(7)  the requirements of laws relating to open 
meetings, public information, administrative procedure, and 
conflict of interest;  and
		(8)  any applicable ethics policies adopted by the 
board or the Texas Ethics Commission.
	(c)  A person appointed to the board is entitled to 
reimbursement, as provided by the General Appropriations Act, for 
the travel expenses incurred in attending the training program 
regardless of whether the attendance at the program occurs before 
or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 8, eff. Sept. 1, 2005.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL


	§ 502.101. EXECUTIVE DIRECTOR.  After consulting with the 
board's members, the commissioner shall appoint an executive 
director for the board.  The executive director must be an employee 
of the department.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.102. POWERS AND DUTIES OF EXECUTIVE DIRECTOR.  The 
executive director shall administer the licensing activities under 
this chapter as directed by the board or the commissioner.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.103. PERSONNEL.  (a) The commissioner shall 
designate and make available to the board personnel and facilities 
necessary for the efficient administration of the board's duties.
	(b)  The department shall:                                                     
		(1)  enter into agreements to obtain necessary 
services;  and               
		(2)  provide compensation for the services provided.                          
	(c)  The department may employ and compensate professional 
consultants, technical assistants, and employees on a full-time or 
part-time basis as necessary to administer this chapter.
	(d)  Salaries and reimbursements paid by the department 
under this chapter shall be comparable to the salaries and 
reimbursements provided for in the General Appropriations Act for 
persons holding comparable positions.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.104. DIVISION OF RESPONSIBILITIES.  The board shall 
develop and implement policies that clearly separate the 
policy-making responsibilities of the board and the management 
responsibilities of the executive director and the staff of the 
department.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 9, eff. Sept. 1, 2005.


	§ 502.105. QUALIFICATIONS AND STANDARDS OF CONDUCT 
INFORMATION.  The board shall provide, as often as necessary, to 
its members and employees information regarding their:
		(1)  qualifications for office or employment under this 
chapter;  and       
		(2)  responsibilities under applicable laws relating 
to standards of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER D. BOARD POWERS AND DUTIES


	§ 502.151. GENERAL POWERS AND DUTIES OF BOARD.  The board 
shall:          
		(1)  determine the qualifications and fitness of a 
license applicant under this chapter;  and
		(2)  adopt a code of professional ethics for license 
holders.               

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.152. RULES REGARDING BOARD PROCEDURES.  The board 
may adopt rules establishing the board's procedures.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.153. FEES.  (a) The board by rule shall set fees in 
amounts reasonable and necessary to cover the costs of 
administering this chapter.
	(b)  The board may not set a fee that existed on September 1, 
1993, in an amount that is less than the amount of the fee on that 
date.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.154. EXPENDITURE OF FUNDS.  The general rules of 
the General Appropriations Act apply to the expenditure of funds 
under this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.155. POWERS AND DUTIES REGARDING EXAMINATION.  The 
board shall:     
		(1)  determine the times and places for licensing 
examinations;             
		(2)  offer examinations at least semiannually;  and                           
		(3)  give reasonable public notice of the examinations 
in the manner provided by board rules.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.156. RULES RESTRICTING ADVERTISING OR COMPETITIVE 
BIDDING.  (a) The board may not adopt rules restricting advertising 
or competitive bidding by a person regulated by the board except to 
prohibit false, misleading, or deceptive practices by the person.
	(b)  The board may not include in its rules to prohibit 
false, misleading, or deceptive practices by a person regulated by 
the board a rule that:
		(1)  restricts the person's use of any advertising 
medium;                  
		(2)  restricts the person's personal appearance or the 
use of the person's voice in an advertisement;
		(3)  relates to the size or duration of an 
advertisement used by the person;  or
		(4)  restricts the use of a trade name in advertising by 
the person.        

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.1565. RULES ON CONSEQUENCES OF CRIMINAL 
CONVICTION.  (a) The board shall adopt rules necessary to comply 
with Chapter 53.
	(b)  In its rules under this section, the board shall list 
the specific offenses for which a conviction would constitute 
grounds for the board to take action under Section 53.021.

Added by Acts 2005, 79th Leg., ch. 1061, § 10, eff. Sept. 1, 
2005.       


	§ 502.157. ANNUAL REGISTRY.  (a) The board shall annually 
prepare a registry of all license holders.
	(b)  The board shall make the registry available to the 
public, license holders, and other state agencies.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.158. BOARD DUTIES REGARDING COMPLAINTS.  (a) The 
board by rule shall:
		(1)  adopt a form to standardize information concerning 
complaints made to the board;  and
		(2)  prescribe information to be provided to a person 
when the person files a complaint with the board.
	(b)  The board shall provide reasonable assistance to a 
person who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.159. EX PARTE COMMUNICATION PROHIBITED.  A board 
member or department employee who performs functions for the board 
and who is assigned to make a decision, a finding of fact, or a 
conclusion of law in a proceeding pending before the board may not 
directly or indirectly communicate with a party to the proceeding 
or the party's representative unless notice and an opportunity to 
participate are given to each party to the proceeding.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.160. ANNUAL REPORT.  Not later than February 1 of 
each year, the board shall file with the governor and the presiding 
officer of each house of the legislature a written report that:
		(1)  describes the activities of the board;  and                              
		(2)  contains a detailed accounting of all funds 
received and disbursed by the board during the preceding year.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.161. BOARD COMMITTEES.  (a) The board may appoint 
committees to assist the board with its functions under this 
chapter.
	(b)  Only a member of the board may serve as a member of a 
board committee.  

Added by Acts 2005, 79th Leg., ch. 1061, § 10, eff. Sept. 1, 
2005.       


	§ 502.162. USE OF TECHNOLOGY.  The board shall implement 
a policy requiring the board to use appropriate technological 
solutions to improve the board's ability to perform its functions.  
The policy must ensure that the public is able to interact with the 
board on the Internet.

Added by Acts 2005, 79th Leg., ch. 1061, § 10, eff. Sept. 1, 
2005.       


	§ 502.163. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE 
RESOLUTION POLICY.  (a) The board shall develop and implement a 
policy to encourage the use of:
		(1)  negotiated rulemaking procedures under Chapter 
2008, Government Code, for the adoption of board rules;  and
		(2)  appropriate alternative dispute resolution 
procedures under Chapter 2009, Government Code, to assist in the 
resolution of internal and external disputes under the board's 
jurisdiction.
	(b)  The board's procedures relating to alternative dispute 
resolution must conform, to the extent possible, to any model 
guidelines issued by the State Office of Administrative Hearings 
for the use of alternative dispute resolution by state agencies.
	(c)  The board shall designate a trained person to:                            
		(1)  coordinate the implementation of the policy 
adopted under Subsection (a);
		(2)  serve as a resource for any training needed to 
implement the procedures for negotiated rulemaking or alternative 
dispute resolution;  and
		(3)  collect data concerning the effectiveness of those 
procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., ch. 1061, § 10, eff. Sept. 1, 
2005.       

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES


	§ 502.201. PUBLIC INTEREST INFORMATION.  (a) The board 
shall prepare information of public interest describing the 
functions of the board and the procedures by which complaints are 
filed with and resolved by the board.
	(b)  The board shall make the information available to the 
public and to appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.202. COMPLAINTS.  (a) The board by rule shall 
establish methods by which consumers and service recipients are 
notified of the name, mailing address, and telephone number of the 
board for the purpose of directing complaints to the board.  The 
board may provide for that notice:
		(1)  on each registration form, application, or written 
contract for services of a person regulated by the board;
		(2)  on a sign prominently displayed in the place of 
business of each person regulated by the board;  or
		(3)  in a bill for service provided by a person 
regulated by the board.     
	(b)  The board shall list with its regular telephone number 
any toll-free telephone number established under other state law 
that may be called to present a complaint about a health 
professional.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.203. RECORDS OF COMPLAINTS.  (a) The board shall 
keep an information file about each complaint filed with the board.  
The information file shall be kept current and must contain a record 
for each complaint of:
		(1)  each person contacted in relation to the 
complaint;                    
		(2)  a summary of findings made at each step of the 
complaint process;      
		(3)  an explanation of the legal basis and reason for a 
complaint that is dismissed;
		(4)  the schedule required under Section 502.204 and a 
notation of any change in the schedule;  and
		(5)  other relevant information.                                              
	(b)  If a written complaint is filed with the board that the 
board has authority to resolve, the board, at least quarterly and 
until final disposition of the complaint, shall notify the parties 
to the complaint of the status of the complaint unless notice would 
jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.204. GENERAL RULES REGARDING COMPLAINT 
INVESTIGATION AND DISPOSITION.  (a) The board shall adopt rules 
concerning the investigation of a complaint filed with the board.  
The rules adopted under this subsection must:
		(1)  distinguish between categories of complaints;                            
		(2)  ensure that complaints are not dismissed without 
appropriate consideration;
		(3)  require that the board be advised of a complaint 
that is dismissed and that a letter be sent to the person who filed 
the complaint explaining the action taken on the dismissed 
complaint;
		(4)  ensure that the person who filed the complaint has 
an opportunity to explain the allegations made in the complaint;  
and
		(5)  prescribe guidelines concerning the categories of 
complaints that require the use of a private investigator and the 
procedures for the board to obtain the services of a private 
investigator.
	(b)  The board shall:                                                          
		(1)  dispose of all complaints in a timely manner;  and                       
		(2)  establish a schedule for conducting each phase of 
a complaint that is under the control of the board not later than 
the 30th day after the date the board receives the complaint.
	(c)  Each party shall be notified of the projected schedule 
for the complaint.
	(d)  Each party to the complaint must be notified of a change 
in the schedule for the complaint not later than the seventh day 
after the date the change is made.
	(e)  The executive director of the board shall notify the 
board of a complaint that is unresolved after the time prescribed by 
the board for resolving the complaint so that the board may take 
necessary action on the complaint.
	(f)  The board shall maintain a system to promptly and 
efficiently act on complaints filed with the board.  The board shall 
maintain information about parties to the complaint, the subject 
matter of the complaint, a summary of the results of the review or 
investigation of the complaint, and its disposition.
	(g)  The board shall make information available describing 
its procedures for complaint investigation and resolution.
	(h)  The board shall periodically notify the complaint 
parties of the status of the complaint until final disposition.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 11, eff. Sept. 1, 2005.


	§ 502.2041. COMPLAINT COMMITTEE.  The board shall appoint 
at least one public member to any board committee established to 
review a complaint filed with the board or review an enforcement 
action against a license holder related to a complaint filed with 
the board.

Added by Acts 2005, 79th Leg., ch. 1061, § 12, eff. Sept. 1, 
2005.       


	§ 502.2045. SUBPOENAS.  (a) In an investigation of a 
complaint filed with the board, the board may request that the 
commissioner or the commissioner's designee approve the issuance of 
a subpoena.  If the request is approved, the board may issue a 
subpoena to compel the attendance of a relevant witness or the 
production, for inspection or copying, of relevant evidence that is 
in this state.
	(b)  A subpoena may be served personally or by certified 
mail.               
	(c)  If a person fails to comply with a subpoena, the board, 
acting through the attorney general, may file suit to enforce the 
subpoena in a district court in Travis County or in the county in 
which a hearing conducted by the board may be held.
	(d)  On finding that good cause exists for issuing the 
subpoena, the court shall order the person to comply with the 
subpoena.  The court may punish a person who fails to obey the court 
order.
	(e)  The board may delegate the authority granted under 
Subsection (a) to the executive director of the board.
	(f)  The board shall pay a reasonable fee for photocopies 
subpoenaed under this section in an amount not to exceed the amount 
the board may charge for copies of its records.
	(g)  The reimbursement of the expenses of a witness whose 
attendance is compelled under this section is governed by Section 
2001.103, Government Code.
	(h)  All information and materials subpoenaed or compiled by 
the board in connection with a complaint and investigation are 
confidential and not subject to disclosure under Chapter 552, 
Government Code, and not subject to disclosure, discovery, 
subpoena, or other means of legal compulsion for their release to 
anyone other than the board or its employees or agents involved in 
discipline of the holder of a license, except that this information 
may be disclosed to:
		(1)  persons involved with the board in a disciplinary 
action against the holder of a license;
		(2)  marriage and family therapist licensing or 
disciplinary boards in other jurisdictions;
		(3)  peer assistance programs approved by the board 
under Chapter 467, Health and Safety Code;
		(4)  law enforcement agencies;  and                                           
		(5)  persons engaged in bona fide research, if all 
individual-identifying information has been deleted.
	(i)  The filing of formal charges by the board against a 
holder of a license, the nature of those charges, disciplinary 
proceedings of the board, and final disciplinary actions, including 
warnings and reprimands, by the board are not confidential and are 
subject to disclosure in accordance with Chapter 552, Government 
Code.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.253(a), eff. Sept. 
1, 2001.


	§ 502.205. PUBLIC PARTICIPATION.  (a) The board shall 
develop and implement policies that provide the public with a 
reasonable opportunity to appear before the board and to speak on 
any issue under the board's jurisdiction.
	(b)  The board shall prepare and maintain a written plan that 
describes how a person who does not speak English may be provided 
reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER F. LICENSE REQUIREMENTS AND EXEMPTIONS


	§ 502.251. LICENSE REQUIRED.  (a) A person may not 
practice as a marriage and family therapist unless the person holds 
a license under this chapter or is exempt under Section 502.004.
	(b)  A person may not use the title "licensed marriage and 
family therapist" or "licensed marriage and family therapist 
associate," as appropriate, unless the person is licensed under 
this chapter.
	(c)  A person may not use a title that implies that the person 
is licensed or certified in marriage and family therapy unless the 
person is:
		(1)  licensed under this chapter;  or                                         
		(2)  authorized to perform marriage and family therapy 
in the course and scope of another license issued under a law of 
this state.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.254(a), eff. Sept. 1, 
2001.


	§ 502.252. LICENSE APPLICATION.  (a) An applicant for a 
license must:     
		(1)  file a written application with the board on a form 
prescribed by the board;  and
		(2)  pay the appropriate application fee.                                     
	(b)  To qualify for a license as a licensed marriage and 
family therapist associate, a person must:
		(1)  be at least 18 years of age;                                             
		(2)  have completed a graduate internship in marriage 
and family therapy, or an equivalent internship, as approved by the 
board;
		(3)  pass the license examination and jurisprudence 
examination determined by the board;
		(4)  hold a master's or doctoral degree in marriage and 
family therapy or in a related mental health field with coursework 
and training determined by the board to be substantially equivalent 
to a graduate degree in marriage and family therapy from a 
regionally accredited institution of higher education or an 
institution of higher education approved by the board;
		(5)  be of good moral character;                                              
		(6)  have not been convicted of a felony or a crime 
involving moral turpitude;
		(7)  not use drugs or alcohol to an extent that affects 
the applicant's professional competency;
		(8)  not have had a license or certification revoked by 
a licensing agency or by a certifying professional organization;  
and
		(9)  not have engaged in fraud or deceit in applying for 
a license under this chapter.
	(c)  An applicant is eligible to apply for a license as a 
licensed marriage and family therapist if the person:
		(1)  meets the requirements of Subsection (b);                                
		(2)  after receipt of a degree described by Subsection 
(b)(4), has completed two years of work experience in marriage and 
family therapist services that includes at least 3,000 hours of 
clinical practice of which:
			(A)  at least 1,500 hours consist of direct 
clinical services;  and        
			(B)  at least 750 hours consist of direct clinical 
services to couples or families;  and
		(3)  has completed, in a manner acceptable to the 
board, at least 200 hours of supervised provision of direct 
clinical services by the applicant, 100 hours of which must be 
supervised on an individual basis.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.255(a), eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 1061, § 13, eff. Sept. 1, 2005.


	§ 502.253. APPLICATION REVIEW;  ELIGIBILITY 
EXAMINATION.  (a) The board shall investigate each application and 
any other information submitted by the applicant.
	(b)  Not later than the 90th day after the date the board 
receives the completed application from a person seeking a license 
as a licensed marriage and family therapist associate, the board 
shall notify the applicant whether the application has been 
accepted or rejected.
	(c)  An applicant for a license as a licensed marriage and 
family therapist associate is eligible to take the examination if 
the applicant:
		(1)  is enrolled in a graduate internship described by 
Section 502.252(b)(2) and provides proof to the board that the 
applicant is a student in good standing in an educational program 
described by Section 502.252(b)(4);  or
		(2)  has completed the internship described by 
Subdivision (1).             
	(d)  A notice that an application is rejected must state the 
reason for the rejection.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.255(a), eff. Sept. 1, 
2001.


	§ 502.254. LICENSE EXAMINATION.  (a) Each applicant for a 
license under this chapter must pass an examination described by 
Section 502.252(b)(3).
	(b)  An applicant for a license as a licensed marriage and 
family therapist associate under Section 502.252(b) must:
		(1)  file an application on a form prescribed by the 
board not later than the 90th day before the date of the 
examination;  and
		(2)  pay the examination fee set by the Texas Board of 
Health.              
	(c)  The examination consists of a written examination.                        
	(d)  The board shall have any written portion of an 
examination validated by an independent testing professional.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.255(a), eff. Sept. 1, 
2001;  Acts 2005, 79th Leg., ch. 1061, § 14, 15, eff. Sept. 1, 
2005.


	§ 502.2541. JURISPRUDENCE EXAMINATION.  (a) The board 
shall develop and administer at least twice each calendar year a 
jurisprudence examination to determine an applicant's knowledge of 
this chapter, board rules, and any other applicable laws of this 
state affecting the applicant's practice of marriage and family 
therapy.
	(b)  The board shall adopt rules to implement this section, 
including rules related to the development and administration of 
the examination, examination fees, guidelines for reexamination, 
grading the examination, and providing notice of examination 
results.

Added by Acts 2005, 79th Leg., ch. 1061, § 16, eff. Sept. 1, 
2005.       


	§ 502.2545. WAIVER OF EXAMINATION FOR CERTAIN 
APPLICANTS.  (a) The board may waive the requirement that an 
applicant for a license as a licensed marriage and family therapist 
pass the examination required by Section 502.254 if the applicant:
		(1)  is a provisional license holder under Section 
502.259 and the board determines that the applicant possesses 
sufficient education and professional experience to receive a 
license without further examination;  or
		(2)  holds a license issued by another licensing agency 
in a profession related to the practice of marriage and family 
therapy and the board determines that the applicant possesses 
sufficient education and professional experience to receive a 
license without satisfying the examination requirements of this 
chapter.
	(b)  The board may adopt rules necessary to administer this 
section, including rules under Subsection (a)(2) prescribing the 
professions that are related to the practice of marriage and family 
therapy.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.256(a), eff. Sept. 
1, 2001.


	§ 502.255. EXAMINATION RESULTS.  (a) The board shall 
notify each examinee of the results of the examination not later 
than the 30th day after the date the examination is administered.  
If an examination is graded or reviewed by a national testing 
service, the board shall notify each examinee of the results of the 
examination not later than the 14th day after the date the board 
receives the results from the testing service.
	(b)  If the notice of examination results graded or reviewed 
by a national testing service will be delayed for longer than 90 
days after the examination date, the board shall notify each 
examinee of the reason for the delay before the 90th day.
	(c)  If requested in writing by a person who fails an 
examination, the board shall provide to the person an analysis of 
the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.256. REEXAMINATION.  (a) If an applicant fails an 
examination, the applicant may retake the examination by:
		(1)  paying an additional examination fee;  and                               
		(2)  retaking the examination not later than the first 
anniversary of the date of the unsuccessful examination.
	(b)  If an applicant fails the examination two or more times, 
the board may require the applicant to:
		(1)  complete additional courses of study designated by 
the board;  and     
		(2)  present satisfactory evidence of completion of the 
required courses.   

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.257. ISSUANCE OF LICENSE.  The board shall issue a 
license as a licensed marriage and family therapist associate or 
licensed marriage and family therapist, as appropriate, to an 
applicant who:
		(1)  complies with the requirements of this chapter;                          
		(2)  passes the licensing examination, unless the board 
exempts the person from the examination requirement;  and
		(3)  pays the required fees.                                                  

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.257(a), eff. Sept. 1, 
2001.


	§ 502.258. TEMPORARY LICENSE.  (a) The board by rule may 
provide for the issuance of a temporary license.
	(b)  Rules adopted under this section must include a time 
limit for temporary licenses.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.259. PROVISIONAL LICENSE.  (a) The board may grant 
a provisional license to practice as a marriage and family 
therapist in this state without examination to an applicant who is 
licensed or otherwise registered as a marriage and family therapist 
by another state or jurisdiction if the requirements to be licensed 
or registered in the other state or jurisdiction were, on the date 
the person was licensed or registered, substantially equal to the 
requirements of this chapter.
	(b)  An applicant for a provisional license must:                              
		(1)  be licensed in good standing as a marriage and 
family therapist in another state or jurisdiction that has 
licensing requirements that are substantially equal to the 
requirements of this chapter;
		(2)  have passed a national or other examination that:                        
			(A)  is recognized by the board;  and                                        
			(B)  relates to marriage and family therapy;  and                            
		(3)  be sponsored by a person licensed by the board with 
whom the provisional license holder may practice under this 
section.
	(c)  An applicant may be excused from the requirement of 
Subsection (b)(3) if the board determines that compliance with that 
subsection constitutes a hardship to the applicant.
	(d)  A provisional license is valid until the date the board 
approves or denies the provisional license holder's application for 
a license under Section 502.257.  The board shall complete 
processing of a provisional license holder's application for a 
license not later than the 180th day after the date the provisional 
license is issued.  The board may extend this period to allow for 
the receipt and tabulation of pending examination results.
	(e)  The board shall issue a license under Section 502.257 to 
a provisional license holder if:
		(1)  the provisional license holder passes the 
examination required by Section 502.254;
		(2)  the board verifies that the provisional license 
holder satisfies the academic and experience requirements of this 
chapter;  and
		(3)  the provisional license holder satisfies any other 
license requirements under this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.260. INACTIVE STATUS.  (a) The board may place a 
license holder's license under this chapter on inactive status if 
the holder is not actively engaged in the practice of marriage and 
family therapy and the holder submits a written request to the board 
before the expiration of the holder's license.
	(b)  The board shall maintain a list of each license holder 
whose license is on inactive status.
	(c)  A license holder whose license is on inactive status:                     
		(1)  is not required to pay an annual renewal fee;  and                       
		(2)  may not perform an activity regulated under this 
chapter.              
	(d)  The board shall remove the license holder's license from 
inactive status if the person:
		(1)  notifies the board in writing that the person 
intends to return to active practice;
		(2)  pays an administrative fee;  and                                         
		(3)  complies with educational or other requirements 
the board adopts by rule.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.261. DUTIES OF LICENSE HOLDER.  (a) A license 
holder shall display the license holder's license in a conspicuous 
manner in the person's principal place of practice.
	(b)  Each license holder shall notify the board of the 
license holder's current address.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER G. LICENSE RENEWAL


	§ 502.301. RENEWAL OF LICENSE.  (a) A license issued 
under this chapter is subject to biennial renewal.  The board shall 
adopt a system under which licenses expire on various dates during 
the year.
	(b)  The board shall notify each license holder in writing of 
the pending license expiration not later than the 30th day before 
the date on which the license expires.
	(c)  A license holder may renew an unexpired license by 
paying to the board the required renewal fee before the date the 
license expires.
	(d)  A person whose license has been expired for 90 days or 
less may renew the license by paying to the board a fee that is equal 
to 1-1/4 times the amount of the renewal fee.  If a person's license 
has been expired for more than 90 days but less than one year, the 
person may renew the license by paying to the board a fee that is 
equal to 1-1/2 times the amount of the renewal fee for the license.
	(e)  A person whose license has been expired for one year or 
more may not renew the license.  The person may obtain a new license 
by submitting to reexamination and complying with the requirements 
and procedures for obtaining an original license.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 17, eff. Sept. 1, 2005.


	§ 502.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE 
PRACTITIONER.  (a) The board may renew without reexamination an 
expired license of a person who was licensed in this state, moved to 
another state, and is currently licensed and has been in practice in 
the other state for the two years preceding the application.
	(b)  The person must pay to the board a fee that is equal to 
the amount of the renewal fee.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 18, eff. Sept. 1, 2005.


	§ 502.303. CONTINUING EDUCATION.  (a) The board shall 
establish a mandatory continuing education program for license 
holders.
	(b)  The board by rule shall establish:                                        
		(1)  the minimum number of hours of continuing 
education required to renew a license under this chapter;  and
		(2)  a process to evaluate and approve continuing 
education courses.        
	(c)  The board may assess the continuing education needs of 
license holders and require license holders to attend continuing 
education courses specified by the board.
	(d)  The board shall identify the key factors for the 
competent performance by a license holder of the license holder's 
professional duties.  The board shall implement a procedure to 
assess a license holder's participation in continuing education 
programs.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER H. DISCIPLINARY ACTIONS AND PROCEDURES


	§ 502.351. GROUNDS FOR DISCIPLINARY ACTIONS.  The board 
shall reprimand a license holder, place on probation a person whose 
license has been suspended, refuse to renew a person's license, or 
suspend or revoke a holder's license if the person:
		(1)  is convicted of a misdemeanor involving moral 
turpitude or a felony;   
		(2)  obtains or attempts to obtain a license by fraud or 
deception;         
		(3)  uses drugs or alcohol to an extent that affects the 
license holder's professional competence;
		(4)  performs professional duties in a grossly 
negligent manner;            
		(5)  is adjudicated as mentally incompetent by a court;                       
		(6)  practices in a manner that is detrimental to the 
public health or welfare;
		(7)  advertises in a manner that tends to deceive or 
defraud the public;    
		(8)  has a license or certification revoked by a 
licensing agency or a certifying professional organization;
		(9)  violates this chapter or a rule or code of ethics 
adopted under this chapter;  or
		(10)  commits an act for which liability exists under 
Chapter 81, Civil Practice and Remedies Code.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 19, eff. Sept. 1, 2005.


	§ 502.352. PROBATION.  If a license suspension is 
probated, the board may require the license holder to:
		(1)  report regularly to the board on matters that are 
the basis of the probation;
		(2)  limit practice to the areas prescribed by the 
board;  or               
		(3)  continue or review continuing professional 
education until the license holder attains a degree of skill 
satisfactory to the board in the areas that are the basis for 
probation.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.353. INFORMAL PROCEEDINGS.  (a) The board by rule 
shall adopt procedures governing:
		(1)  informal disposition of a contested case under 
Section 2001.056, Government Code;  and
		(2)  an informal proceeding held in compliance with 
Section 2001.054, Government Code.
	(b)  Rules adopted under this section must:                                    
		(1)  provide the complainant and the license holder 
with an opportunity to be heard;  and
		(2)  require the presence of a member of the board's 
legal staff, if the board has a legal staff, or, if the board does 
not have a legal staff, an attorney employed by the attorney general 
to advise the board or the board's employees.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.354. HEARING.  A license holder is entitled to a 
hearing before the State Office of Administrative Hearings before a 
sanction is imposed under this subchapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.355. SANCTIONS.  (a) The board by rule shall adopt a 
broad schedule of sanctions for violations under this chapter.
	(b)  The State Office of Administrative Hearings shall use 
the schedule for a sanction imposed as the result of a hearing 
conducted by that office.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.356. EMERGENCY SUSPENSION.  (a) The board or a 
three-member committee of board members designated by the board 
shall temporarily suspend the license of a license holder if the 
board or committee determines from the evidence or information 
presented to it that continued practice by the license holder would 
constitute a continuing and imminent threat to the public welfare.
	(b)  A license may be suspended under this section without 
notice or hearing on the complaint if:
		(1)  action is taken to initiate proceedings for a 
hearing before the State Office of Administrative Hearings 
simultaneously with the temporary suspension;  and
		(2)  a hearing is held as soon as practicable under this 
chapter and Chapter 2001, Government Code.
	(c)  The State Office of Administrative Hearings shall hold a 
preliminary hearing not later than the 14th day after the date of 
the temporary suspension to determine if there is probable cause to 
believe that a continuing and imminent threat to the public welfare 
still exists.  A final hearing on the matter shall be held not later 
than the 61st day after the date of the temporary suspension.

Added by Acts 2003, 78th Leg., ch. 326, § 10, eff. Sept. 1, 2003.          


	§ 502.357. GROUNDS FOR REFUSING RENEWAL.  The board may 
refuse to renew the license of a person who fails to pay an 
administrative penalty imposed under Subchapter I unless 
enforcement of the penalty is stayed or a court has ordered that the 
administrative penalty is not owed.

Added by Acts 2005, 79th Leg., ch. 1061, § 20, eff. Sept. 1, 
2005.       


	§ 502.358. REFUND.  (a) Subject to Subsection (b), the 
board 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 this chapter.
	(b)  The amount of a refund ordered as provided in an 
agreement resulting from an informal settlement conference may not 
exceed the amount the consumer paid to the license holder for a 
service regulated by this chapter.  The board may not require 
payment of other damages or estimate harm in a refund order.

Added by Acts 2005, 79th Leg., ch. 1061, § 20, eff. Sept. 1, 
2005.       

SUBCHAPTER I. ADMINISTRATIVE PENALTY


	§ 502.401. IMPOSITION OF PENALTY.  The commissioner may 
impose an administrative penalty on a person licensed or regulated 
under this chapter who violates this chapter or a rule or order 
adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.402. AMOUNT OF PENALTY.  (a) The amount of an 
administrative penalty may not exceed $5,000 for each violation.  
Each day a violation continues or occurs is a separate violation for 
purposes of imposing a penalty.
	(b)  The amount of the penalty shall be based on:                              
		(1)  the seriousness of the violation, including:                             
			(A)  the nature, circumstances, extent, and 
gravity of the prohibited acts;  and
			(B)  the hazard or potential hazard created to the 
health, safety, or economic welfare of the public;
		(2)  the economic harm to property or the environment 
caused by the violation;
		(3)  the history of previous violations;                                      
		(4)  the amount necessary to deter a future violation;                        
		(5)  efforts made to correct the violation;  and                              
		(6)  any other matter that justice may require.                               

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1061, § 21, eff. Sept. 1, 2005.


	§ 502.403. REPORT AND NOTICE OF VIOLATION AND 
PENALTY.  (a) If the commissioner determines that a violation has 
occurred, the commissioner may issue to the board a report stating:
		(1)  the facts on which the determination is based;  and                      
		(2)  the commissioner's recommendation on the 
imposition of the administrative penalty, including a 
recommendation on the amount of the penalty.
	(b)  Not later than the 14th day after the date the report is 
issued, the commissioner shall give written notice of the report to 
the person on whom the penalty may be imposed.  The notice may be 
given by certified mail.  The notice must:
		(1)  include a brief summary of the alleged violation;                        
		(2)  state the amount of the recommended penalty;  and                        
		(3)  inform the person of the person's right to a 
hearing on the occurrence of the violation, the amount of the 
penalty, or both.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.404. PENALTY TO BE PAID OR HEARING REQUESTED.  (a) 
Not later than the 20th day after the date the person receives the 
notice under Section 502.403, the person, in writing, may:
		(1)  accept the commissioner's determination and 
recommended administrative penalty;  or
		(2)  request a hearing on the occurrence of the 
violation, the amount of the penalty, or both.
	(b)  If the person accepts the commissioner's determination 
and recommended administrative penalty, the board by order shall 
approve the determination and impose the recommended penalty.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.405. HEARING.  (a) If the person requests a hearing 
or fails to respond in a timely manner to the notice, the department 
shall set a hearing and give notice of the hearing to the person.
	(b)  A hearing examiner designated by the department shall 
hold the hearing. 
	(c)  The hearing examiner shall make findings of fact and 
conclusions of law and promptly issue to the board a proposal for a 
decision as to the occurrence of the violation and the amount of a 
proposed administrative penalty.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.406. DECISION BY BOARD.  (a) Based on the findings 
of fact, conclusions of law, and proposal for decision, the board by 
order may determine that:
		(1)  a violation occurred and impose a penalty;  or                           
		(2)  a violation did not occur.                                               
	(b)  The notice of the board's order given to the person 
under Chapter 2001, Government Code, must include a statement of 
the right of the person to judicial review of the order.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.407. OPTIONS FOLLOWING DECISION:  PAY OR 
APPEAL.  (a) Not later than the 30th day after the date the board's 
order becomes final, the person shall:
		(1)  pay the penalty;                                                         
		(2)  pay the penalty and file a petition for judicial 
review contesting the occurrence of the violation, the amount of 
the penalty, or both;  or
		(3)  without paying the penalty, file a petition for 
judicial review contesting the occurrence of the violation, the 
amount of the penalty, or both.
	(b)  Within the 30-day period, a person who acts under 
Subsection (a)(3) may:
		(1)  stay enforcement of the penalty by:                                      
			(A)  paying the penalty to the court for placement 
in an escrow account;  or
			(B)  giving to the court a supersedeas bond 
approved by the court for the amount of the penalty that is 
effective until all judicial review of the board's order is final;  
or
		(2)  request the court to stay enforcement of the 
penalty by:               
			(A)  filing with the court a sworn affidavit of 
the person stating that the person is financially unable to pay the 
penalty and is financially unable to give the supersedeas bond;  and
			(B)  giving a copy of the affidavit to the 
commissioner by certified mail. 
	(c)  If the commissioner receives a copy of an affidavit 
under Subsection (b)(2), the commissioner may file with the court a 
contest to the affidavit not later than the fifth day after the date 
the copy is received.
	(d)  The court shall hold a hearing on the facts alleged in 
the affidavit as soon as practicable and shall stay enforcement of 
the penalty on finding that the alleged facts are true.  The person 
who files an affidavit has the burden of proving that the person is 
unable to pay the penalty or give a supersedeas bond.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.408. COLLECTION OF PENALTY.  If the person does not 
pay the administrative penalty and the enforcement of the penalty 
is not stayed, the commissioner may refer the matter to the attorney 
general for collection.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.409. DETERMINATION BY COURT.  (a) If a court 
sustains the determination that a violation occurred, the court may 
uphold or reduce the amount of the administrative penalty and order 
the person to pay the full or reduced penalty.
	(b)  If a court does not sustain the determination that a 
violation occurred, the court shall order that an administrative 
penalty is not owed.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.410. REMITTANCE OF PENALTY AND INTEREST.  (a) If, 
after judicial review, the administrative penalty is reduced or not 
imposed by the court, the court shall, after the judgment becomes 
final:
		(1)  order the appropriate amount, plus accrued 
interest, be remitted to the person if the person paid the penalty;  
or
		(2)  order the release of the bond in full if the 
penalty is not imposed or order the release of the bond after the 
person pays the penalty if the person posted a supersedeas bond.
	(b)  The interest paid under Subsection (a)(1) is the rate 
charged on loans to depository institutions by the New York Federal 
Reserve Bank.  The interest shall be paid for the period beginning 
on the date the penalty is paid to the court and ending on the date 
the penalty is remitted.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.411. ADMINISTRATIVE PROCEDURE.  A proceeding under 
this subchapter is subject to Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS


	§ 502.451. INJUNCTION.  (a) In addition to any other 
action authorized by law, the board or department may institute an 
action to enjoin a violation of this chapter.
	(b)  An action filed under this section must be filed in 
Travis County, the county of the defendant's residence, or the 
county in which any part of the violation occurred.
	(c)  The attorney general or the appropriate county or 
district attorney shall represent the board or department in an 
action under this section.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.452. MONITORING OF LICENSE HOLDER.  The board by 
rule shall develop a system to ensure that a license holder complies 
with this chapter.  Rules adopted under this section must include 
procedures to:
		(1)  monitor for compliance a license holder who is 
ordered by the board to perform certain acts;  and
		(2)  identify and monitor each license holder who 
represents a risk to the public.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.453. CIVIL PENALTY.  (a) A person who violates this 
chapter or a rule or order adopted by the board under this chapter 
is liable for a civil penalty not to exceed $1,000 a day.
	(b)  At the request of the board or department, the attorney 
general shall bring an action to recover a civil penalty authorized 
under this section.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.454. CRIMINAL PENALTY.  (a) A person required to 
hold a license under this chapter commits an offense if the person 
knowingly acts as a marriage and family therapist without holding a 
license issued under this chapter.
	(b)  An offense under Subsection (a) is a Class B 
misdemeanor.               

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 502.455. CEASE AND DESIST ORDER.  (a) If it appears to 
the board that a person who is not licensed under this chapter is 
violating this chapter, a rule adopted under this chapter, or 
another state statute or rule relating to the practice of marriage 
and family therapy, the board after notice and opportunity for a 
hearing may issue a cease and desist order prohibiting the person 
from engaging in the activity.
	(b)  A violation of an order under this section constitutes 
grounds for imposing an administrative penalty under this chapter.

Added by Acts 2005, 79th Leg., ch. 1061, § 22, eff. Sept. 1, 
2005.