Bill Text: TX HB3852 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the licensing and regulation of speech-language pathologists and audiologists by the Texas Board of Speech-Language Pathology and Audiology Examiners and to the Executive Council of Examiners of Physical Therapists, Occupational Therapists, and Speech-Language Pathologists and Audiologists; providing civil and administrative penalties; imposing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Public Health [HB3852 Detail]
Download: Texas-2017-HB3852-Introduced.html
85R6687 KKR-F | ||
By: Coleman | H.B. No. 3852 |
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relating to the licensing and regulation of speech-language | ||
pathologists and audiologists by the Texas Board of Speech-Language | ||
Pathology and Audiology Examiners and to the Executive Council of | ||
Examiners of Physical Therapists, Occupational Therapists, and | ||
Speech-Language Pathologists and Audiologists; providing civil and | ||
administrative penalties; imposing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.2031(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) This section applies only to the regulation of the | ||
following professions by the department: | ||
(1) athletic trainers; | ||
(2) dietitians; | ||
(3) hearing instrument fitters and dispensers; | ||
(4) midwives; and | ||
(5) orthotists and prosthetists[ |
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[ |
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SECTION 2. Section 401.001, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.001. DEFINITIONS. In this chapter: | ||
(1) [ |
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[ |
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qualifications of this chapter to practice audiology. | ||
(2) "Audiology" means the application of nonmedical | ||
principles, methods, and procedures for measurement, testing, | ||
appraisal, prediction, consultation, counseling, habilitation, | ||
rehabilitation, or instruction related to disorders of the auditory | ||
or vestibular systems for the purpose of providing or offering to | ||
provide services modifying communicative disorders involving | ||
speech, language, or auditory or vestibular function or other | ||
aberrant behavior relating to hearing loss. | ||
(3) "Board" [ |
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Speech-Language Pathology and Audiology Examiners [ |
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(4) "Coordinator of speech-language pathology and | ||
audiology programs" means the person employed in that position | ||
under Section 452.101 [ |
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(5) [ |
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Executive Council of Examiners of Physical Therapists, | ||
Occupational Therapists, and Speech-Language Pathologists and | ||
Audiologists [ |
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(6) [ |
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assigned by Section 402.001. | ||
(7) [ |
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person who meets the qualifications of this chapter to practice | ||
speech-language pathology. | ||
(8) [ |
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application of nonmedical principles, methods, and procedures for | ||
measurement, testing, evaluation, prediction, counseling, | ||
habilitation, rehabilitation, or instruction related to the | ||
development and disorders of communication, including speech, | ||
voice, language, oral pharyngeal function, or cognitive processes, | ||
for the purpose of evaluating, preventing, or modifying or offering | ||
to evaluate, prevent, or modify those disorders and conditions in | ||
an individual or a group. | ||
SECTION 3. Subchapter A, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.002 and 401.003 to read as follows: | ||
Sec. 401.002. APPLICATION OF SUNSET ACT. The Texas Board of | ||
Speech-Language Pathology and Audiology Examiners 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 on the date provided by Section 452.002. | ||
Sec. 401.003. CONFLICT WITH OTHER LAW. To the extent of any | ||
conflict between this chapter and Chapter 452, Chapter 452 | ||
controls. | ||
SECTION 4. Section 401.052, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.052. NURSES. This chapter does not prevent or | ||
restrict a communication, speech, language, or hearing screening, | ||
as defined by board [ |
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registered nurse: | ||
(1) licensed in this state; and | ||
(2) practicing in accordance with the standards of | ||
professional conduct and ethics established by rules adopted by the | ||
Texas Board of Nursing. | ||
SECTION 5. Section 401.053(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) This chapter does not apply to a person who shows | ||
evidence of having received training by the Department of State | ||
Health Services in a communication, speech, language, or hearing | ||
screening training program approved by that department if the | ||
person's activity is limited to screening as defined by board | ||
[ |
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SECTION 6. Sections 401.054(b), (c), and (d), Occupations | ||
Code, are amended to read as follows: | ||
(b) The Texas Education Agency certificate in | ||
speech-language pathology must require an applicant to: | ||
(1) hold a master's degree in communicative disorders | ||
or the equivalent from a university program accredited by the | ||
American Speech-Language-Hearing Association; and | ||
(2) pass a national examination in speech-language | ||
pathology or audiology approved by the board [ |
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(c) A person affected by this section who performs work as a | ||
speech-language pathologist or audiologist in addition to | ||
performing the person's duties within an agency, institution, or | ||
organization under the jurisdiction of the Texas Education Agency | ||
is required to hold a license issued by the board [ |
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unless that work is limited to speech and hearing screening | ||
procedures performed without compensation. | ||
(d) For the purposes of Subsection (b)(1), an applicant's | ||
educational credentials are equivalent to a master's degree in | ||
communicative disorders if the credentials: | ||
(1) consist of graduate-level course work and | ||
practicum from a program accredited by the American | ||
Speech-Language-Hearing Association; and | ||
(2) meet requirements that are the same as those | ||
established by the board [ |
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speech-language pathology or audiology. | ||
SECTION 7. The heading to Subchapter C, Chapter 401, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER C. TEXAS BOARD OF SPEECH-LANGUAGE PATHOLOGY AND | ||
AUDIOLOGY EXAMINERS [ |
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SECTION 8. Section 401.102, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.102. [ |
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[ |
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[ |
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of the senate [ |
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(1) three audiologist members; | ||
(2) three speech-language pathologist members; and | ||
(3) three members who represent the public. | ||
(b) Board [ |
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(1) have been a resident of this state for the two | ||
years preceding the date of appointment; | ||
(2) be from the various geographic regions of the | ||
state; and | ||
(3) be from varying employment settings. | ||
(c) The [ |
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Subsections (a)(1) and (2) must: | ||
(1) have been engaged in teaching, research, or | ||
providing services in speech-language pathology or audiology for at | ||
least five years; and | ||
(2) be licensed under this chapter. | ||
(d) One of the public [ |
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physician licensed in this state and certified in otolaryngology or | ||
pediatrics. | ||
(e) Appointments to the [ |
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without regard to the race, creed, sex, religion, or national | ||
origin of the appointee. | ||
SECTION 9. Subchapter C, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.103 and 401.104 to read as follows: | ||
Sec. 401.103. PUBLIC MEMBER ELIGIBILITY. A person is not | ||
eligible for appointment as a public member of the board if: | ||
(1) the person is registered, certified, or licensed | ||
by an occupational regulatory agency in the field of health care; | ||
(2) the person's spouse is registered, certified, or | ||
licensed by an occupational regulatory agency in the field of | ||
health care; 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 receiving | ||
funds from the executive council or the board; | ||
(B) owns or controls, directly or indirectly, | ||
more than a 10 percent interest in a business entity or other | ||
organization receiving funds from the executive council or the | ||
board; or | ||
(C) uses or receives a substantial amount of | ||
funds from the executive council or the board, other than | ||
compensation or reimbursement authorized by law for board | ||
membership, attendance, or expenses. | ||
Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) In this | ||
section, "Texas trade association" means a cooperative and | ||
voluntarily joined statewide association of business or | ||
professional competitors in this state designed to assist its | ||
members and its industry or profession in dealing with mutual | ||
business or professional problems and in promoting their common | ||
interest. | ||
(b) A person may not be a member of the board if: | ||
(1) the person is an officer, employee, manager, or | ||
paid consultant of a Texas trade association in the field of health | ||
care; or | ||
(2) the person's spouse is an officer, employee, | ||
manager, or paid consultant of a Texas trade association in the | ||
field of health care. | ||
(c) A person may not be a member of the board 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. | ||
SECTION 10. Section 401.105(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If a vacancy occurs during a member's term, the governor | ||
[ |
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for the vacant position to serve for the remainder of the term. | ||
SECTION 11. Section 401.107, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.107. PRESIDING OFFICER. (a) After the | ||
appointment of members every two years, the board [ |
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[ |
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officer [ |
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(b) The presiding officer of the [ |
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on any matter before the [ |
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SECTION 12. Section 401.108, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.108. MEETINGS. (a) The [ |
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meet at least twice each year. | ||
(b) Additional meetings may be held at the call of the | ||
presiding officer or on written request of any three members of the | ||
board [ |
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SECTION 13. Subchapter C, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.109, 401.110, 401.111, and 401.112 | ||
to read as follows: | ||
Sec. 401.109. 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 401.102; | ||
(2) does not maintain during service on the board the | ||
qualifications required by Section 401.102; | ||
(3) is ineligible for membership under Section 401.103 | ||
or 401.104; | ||
(4) cannot, because of illness or disability, complete | ||
the member's duties for a substantial part of the member's term; or | ||
(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. | ||
(b) The validity of an action of the board is not affected by | ||
the fact that the action is taken when a ground for removal of a | ||
member exists. | ||
(c) If the coordinator of speech-language pathology and | ||
audiology programs has knowledge that a potential ground for | ||
removal exists, the coordinator 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 coordinator shall notify the | ||
next highest ranking officer of the board, who shall then notify the | ||
governor and the attorney general that a potential ground for | ||
removal exists. | ||
Sec. 401.110. PER DIEM REIMBURSEMENT. A board member may | ||
not receive compensation for the member's services. A member is | ||
entitled to a per diem and travel allowance for each day the member | ||
engages in board business at the rate set for state employees in the | ||
General Appropriations Act. | ||
Sec. 401.111. TRAINING PROGRAM FOR MEMBERS. (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) the law governing board operations and the | ||
programs, functions, rules, and budget of the board; | ||
(2) the scope of and limitations on the board's | ||
rulemaking authority; | ||
(3) the results of the most recent formal audit of the | ||
board; | ||
(4) the requirements of laws relating to open | ||
meetings, public information, administrative procedure, and | ||
disclosing conflicts of interest; and | ||
(5) 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. | ||
Sec. 401.112. CIVIL LIABILITY. A member of the board is not | ||
liable in a civil action for an act performed in good faith while | ||
performing duties as a member. | ||
SECTION 14. Section 401.201, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.201. GENERAL POWERS AND DUTIES. (a) Except as | ||
provided by Chapter 452, the board [ |
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administer and enforce this chapter. | ||
(b) [ |
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(1) evaluate the qualifications of license | ||
applicants; | ||
(2) provide for the examination of license applicants; | ||
(3) in connection with a hearing under this chapter, | ||
issue subpoenas, examine witnesses, and administer oaths under the | ||
laws of this state; [ |
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(4) investigate persons engaging in practices that | ||
violate this chapter; and | ||
(5) adopt rules consistent with this chapter to carry | ||
out the board's duties in administering this chapter. | ||
SECTION 15. Section 401.202, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.202. STANDARDS OF ETHICAL PRACTICE. The board | ||
[ |
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standards of ethical practice. | ||
SECTION 16. Section 401.2021, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the | ||
assistance of [ |
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Fitters and Dispensers Advisory Board, the board and the Texas | ||
Commission of Licensing and Regulation [ |
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adopt rules to establish requirements for each sale of a hearing | ||
instrument for purposes of this chapter and Chapter 402. The rules | ||
must: | ||
(1) address: | ||
(A) the information and other provisions | ||
required in each written contract for the purchase of a hearing | ||
instrument; | ||
(B) records that must be retained under this | ||
chapter or Chapter 402; and | ||
(C) guidelines for the 30-day trial period during | ||
which a person may cancel the purchase of a hearing instrument; and | ||
(2) require that the written contract and 30-day trial | ||
period information provided to a purchaser of a hearing instrument | ||
be in plain language designed to be easily understood by the average | ||
consumer. | ||
SECTION 17. Section 401.2022(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) With the assistance of [ |
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Hearing Instrument Fitters and Dispensers Advisory Board, the board | ||
and the Texas Commission of Licensing and Regulation [ |
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shall jointly adopt rules to establish requirements for the fitting | ||
and dispensing of hearing instruments by the use of telepractice | ||
for purposes of this chapter and Chapter 402, including rules that | ||
establish the qualifications and duties of license holders who use | ||
telepractice. | ||
SECTION 18. Section 401.203, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS | ||
[ |
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(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) [ |
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assistance to a person who wishes to file a complaint with the board | ||
[ |
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chapter. | ||
SECTION 19. Subchapter E, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.204 and 401.205 to read as follows: | ||
Sec. 401.204. FEES. (a) The board may recommend to the | ||
executive council reasonable and necessary fees for licenses issued | ||
or services performed under this chapter that in the aggregate | ||
produce sufficient revenue to cover the cost of administering this | ||
chapter. | ||
(b) The board may not recommend to the executive council a | ||
fee that existed on September 1, 1993, for an amount less than the | ||
amount of that fee on that date. | ||
Sec. 401.205. EMPLOYEES; DIVISION OF RESPONSIBILITIES. (a) | ||
The board may request the executive council to assign | ||
administrative and clerical employees as necessary to enable the | ||
board to administer this chapter. | ||
(b) The board shall develop and implement policies that | ||
clearly separate the policy-making responsibilities of the board | ||
and the management responsibilities of the coordinator of | ||
speech-language pathology and audiology programs and the staff of | ||
the executive council. | ||
SECTION 20. The heading to Subchapter F, Chapter 401, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER F. PUBLIC INTEREST [ |
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COMPLAINT PROCEDURES | ||
SECTION 21. Section 401.251, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The board | ||
[ |
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toll-free telephone number established under other state law that | ||
may be called to present a complaint about a health professional. | ||
SECTION 22. Subchapter F, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.2511, 401.2512, and 401.2513 to read | ||
as follows: | ||
Sec. 401.2511. 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 appropriate state agencies. | ||
Sec. 401.2512. RECORD OF COMPLAINTS. (a) The board shall | ||
keep an information file about each complaint filed with the | ||
executive council and referred to the board. The file must be kept | ||
current and 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 401.2513 and a | ||
notation about a 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. | ||
Sec. 401.2513. GENERAL RULES INVOLVING COMPLAINT | ||
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules | ||
concerning the investigation of a complaint received by the board. | ||
The rules shall: | ||
(1) distinguish between categories of complaints; | ||
(2) ensure that a complaint is 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; | ||
(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; and | ||
(6) require the board to advise the executive council | ||
of complaints that have been disposed of. | ||
(b) The board shall: | ||
(1) dispose of each complaint in a timely manner; and | ||
(2) establish a schedule for conducting each phase of | ||
the investigation 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 time | ||
requirements for the complaint. | ||
(d) Each party to the complaint must be notified of a change | ||
in the schedule not later than the seventh day after the date the | ||
change is made. | ||
(e) The coordinator of speech-language pathology and | ||
audiology programs 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. | ||
SECTION 23. Section 401.2535, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.2535. CONFIDENTIALITY OF COMPLAINT AND | ||
DISCIPLINARY INFORMATION. (a) [ |
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subpoenaed or compiled by the board [ |
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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 [ |
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[ |
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license, except that this information may be disclosed to: | ||
(1) persons involved with the board [ |
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disciplinary action against the holder of a license; | ||
(2) professional speech-language pathologist and | ||
audiologist licensing or disciplinary boards in other | ||
jurisdictions; | ||
(3) peer assistance programs approved by the board | ||
[ |
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(4) law enforcement agencies; and | ||
(5) persons engaged in bona fide research, if all | ||
individual-identifying information has been deleted. | ||
(b) [ |
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[ |
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charges, disciplinary proceedings of the board [ |
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actions, including warnings and reprimands, by the board | ||
[ |
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confidential and are subject to disclosure in accordance with | ||
Chapter 552, Government Code. | ||
SECTION 24. Subchapter F, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.254 to read as follows: | ||
Sec. 401.254. 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. | ||
SECTION 25. Section 401.302, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.302. ISSUANCE OF LICENSE. (a) The board | ||
[ |
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requirements of this chapter and who pays [ |
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initial nonrefundable license fee. | ||
(b) The board [ |
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license in either speech-language pathology or audiology. | ||
(c) The board [ |
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speech-language pathology and audiology to an applicant. | ||
(d) The board [ |
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qualifications for dual licensing in speech-language pathology and | ||
audiology and may develop a full range of licensing options and | ||
establish rules for qualifications. | ||
SECTION 26. Section 401.303(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person who desires a license under this chapter must | ||
apply to the board [ |
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prescribed by the board [ |
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SECTION 27. Sections 401.304(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) To be eligible for licensing as a speech-language | ||
pathologist or audiologist, an applicant must: | ||
(1) if the application is for a license in: | ||
(A) speech-language pathology, possess at least | ||
a master's degree with a major in at least one of the areas of | ||
communicative sciences or disorders from a program accredited by a | ||
national accrediting organization that is approved by the board | ||
[ |
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secretary of education under the Higher Education Act of 1965 (20 | ||
U.S.C. Section 1001 et seq.) in an accredited or approved college or | ||
university; or | ||
(B) audiology, possess at least a doctoral degree | ||
in audiology or a related hearing science from a program accredited | ||
by a national accrediting organization that is approved by the | ||
board [ |
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States secretary of education under the Higher Education Act of | ||
1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved | ||
college or university; | ||
(2) submit a transcript from a public or private | ||
institution of higher learning showing successful completion of | ||
course work in amounts set by the board [ |
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(A) normal development and use of speech, | ||
language, and hearing; | ||
(B) evaluation, habilitation, and rehabilitation | ||
of speech, language, and hearing disorders; and | ||
(C) related fields that augment the work of | ||
clinical practitioners of speech-language pathology and audiology; | ||
(3) have successfully completed at least 36 semester | ||
hours in courses that are acceptable toward a graduate degree by the | ||
college or university in which the courses are taken, at least 24 of | ||
which must be in the professional area for which the license is | ||
requested; | ||
(4) have completed the minimum number of hours, | ||
established by the board [ |
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clinical experience with persons who present a variety of | ||
communication disorders; and | ||
(5) have completed the full-time supervised | ||
professional experience, as defined by board [ |
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which clinical work has been accomplished in the major professional | ||
area for which the license is being sought. | ||
(c) Supervised professional experience under Subsection | ||
(a)(5) must: | ||
(1) be under the supervision of a qualified person | ||
acceptable to the board [ |
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the board [ |
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(2) begin after completion of the academic and | ||
clinical experience required by this section. | ||
SECTION 28. Section 401.3041, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE ISSUANCE. (a) The board [ |
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shall require that an applicant for a license submit a complete and | ||
legible set of fingerprints, on a form prescribed by the board | ||
[ |
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Public Safety for the purpose of obtaining criminal history record | ||
information from the Department of Public Safety and the Federal | ||
Bureau of Investigation. | ||
(b) The board [ |
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person who does not comply with the requirement of Subsection (a). | ||
(c) The board [ |
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record information check of each applicant for a license using | ||
information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the board [ |
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Department of Public Safety, the Federal Bureau of Investigation, | ||
and any other criminal justice agency under Chapter 411, Government | ||
Code. | ||
(d) The board [ |
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(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
SECTION 29. Section 401.305, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.305. EXAMINATION. (a) To obtain a license, an | ||
applicant must: | ||
(1) pass an examination approved by the board | ||
[ |
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(2) pay the applicable fees [ |
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(b) The board [ |
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at least twice each year. | ||
(b-1) The board [ |
||
standards for acceptable performance on the examination. | ||
(c) The board [ |
||
(1) establish procedures for the administration of the | ||
examination; and | ||
(2) require a written or oral examination, or both. | ||
(d) The board [ |
||
examination of an applicant in any theoretical or applied field of | ||
speech-language pathology or audiology it considers appropriate. | ||
The board [ |
||
applicant on professional skills and judgment in the use of | ||
speech-language pathology or audiology techniques or methods. | ||
SECTION 30. Subchapter G, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.306 to read as follows: | ||
Sec. 401.306. EXAMINATION RESULTS. (a) The board shall | ||
notify each examinee of the results of a licensing 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 that does not directly notify each examinee of the | ||
results, the board shall notify each examinee of the results of the | ||
examination not later than the 14th day after the day on which the | ||
board receives the results from the testing service. | ||
(b) If the notice of the 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 a | ||
licensing examination, the board shall furnish the person with an | ||
analysis of the person's performance on the examination. | ||
SECTION 31. Section 401.307(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) An applicant who fails two examinations may not be | ||
reexamined until the person: | ||
(1) submits a new application accompanied by a | ||
nonrefundable application fee; and | ||
(2) presents evidence acceptable to the board | ||
[ |
||
sought. | ||
SECTION 32. Section 401.308, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL | ||
COMPETENCE WAIVER. (a) The board [ |
||
provisional license to an applicant who: | ||
(1) is licensed in good standing as a speech-language | ||
pathologist or an audiologist in another state that has licensing | ||
requirements that are substantially equivalent to the requirements | ||
of this chapter; | ||
(2) has passed a national or other examination | ||
recognized by the board [ |
||
pathology or audiology; and | ||
(3) is sponsored by a license holder with whom the | ||
provisional license holder may practice under this section. | ||
(b) An applicant for a provisional license may be excused | ||
from the requirement of Subsection (a)(3) if the board [ |
||
determines that compliance with that requirement is a hardship to | ||
the applicant. | ||
(c) A provisional license is valid until the date the board | ||
[ |
||
application for a license. | ||
(d) The board [ |
||
chapter to a provisional license holder: | ||
(1) who passes the examination required by Section | ||
401.305; | ||
(2) for whom the board [ |
||
satisfaction of the academic and experience requirements for a | ||
license under this chapter; and | ||
(3) who satisfies any other license requirements under | ||
this chapter. | ||
(e) The board [ |
||
a provisional license holder's application for a license not later | ||
than the 180th day after the date the provisional license is issued. | ||
(f) The board [ |
||
requirement and issue a license to an applicant who holds the | ||
Certificate of Clinical Competence of the American | ||
Speech-Language-Hearing Association. | ||
SECTION 33. Section 401.310(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board [ |
||
certificate of registration to an applicant who: | ||
(1) satisfies the requirements of Section 401.304; | ||
(2) has not previously applied to take the | ||
examination; and | ||
(3) pays the nonrefundable application fee. | ||
SECTION 34. Section 401.311(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The board [ |
||
(1) prescribe the terms governing a person's practice | ||
as an intern under this section; and | ||
(2) establish general guidelines and renewal | ||
procedures for the holder of an intern license. | ||
SECTION 35. Sections 401.312(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) The board [ |
||
qualifications for licensed assistants in speech-language | ||
pathology and in audiology. | ||
(b) A licensed assistant in speech-language pathology or in | ||
audiology must meet the minimum qualifications established by the | ||
board [ |
||
SECTION 36. Subchapter G, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.313 to read as follows: | ||
Sec. 401.313. INACTIVE STATUS. The board by rule may | ||
provide for a person licensed under this chapter to be placed on | ||
inactive status. | ||
SECTION 37. Section 401.352, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.352. LICENSE RENEWAL. (a) Each licensed | ||
speech-language pathologist or audiologist must pay to the | ||
executive council the nonrefundable fee for license renewal. | ||
(b) A person whose license has been expired for 90 days or | ||
less may renew the license by paying to the executive council the | ||
renewal fee and a late fee set by the executive council that may not | ||
exceed one-half of the examination fee for the license. 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 | ||
executive council all unpaid renewal fees and a late fee set by the | ||
executive council that may not exceed the amount charged for | ||
examination for the license. | ||
(c) A person whose license has been expired for one year or | ||
longer must comply with the board's requirements and procedures to | ||
reinstate the license and pay a reinstatement fee set by the | ||
executive council. If the person is unable to comply with the | ||
board's requirements to reinstate 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. | ||
(d) At least 30 days before the expiration of a person's | ||
license, the executive council shall send written notice of the | ||
impending license expiration to the license holder at the person's | ||
last known address. | ||
SECTION 38. Subchapter H, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.353 to read as follows: | ||
Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE | ||
PRACTITIONER. (a) The board may renew without reexamination the | ||
expired license of a person who was licensed to practice as a | ||
physical speech-language pathologist or audiologist in this state, | ||
moved to another state, is currently licensed and in good standing | ||
in the other state, and meets the board's requirements for renewal. | ||
(b) The person must pay to the executive council a renewal | ||
fee set by the executive council in an amount that does not exceed | ||
the examination fee for the license. | ||
SECTION 39. Section 401.355, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.355. CONTINUING EDUCATION. (a) The board | ||
[ |
||
education requirements. A license holder may not renew the | ||
person's license unless the person meets the continuing education | ||
requirements. | ||
(b) The board [ |
||
in a manner that allows a license holder to comply without an | ||
extended absence from the license holder's county of residence. | ||
SECTION 40. Section 401.401(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The board [ |
||
enforce this section. | ||
SECTION 41. Section 401.403(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A person who meets the requirements of this chapter for | ||
licensing as an audiologist or audiologist intern and who fits and | ||
dispenses hearing instruments must: | ||
(1) register with the board [ |
||
intention to fit and dispense hearing instruments; | ||
(2) comply with the profession's code of ethics; | ||
(3) comply with the federal Food and Drug | ||
Administration guidelines for fitting and dispensing hearing | ||
instruments; | ||
(4) when providing services in this state, use a | ||
written contract that contains the board's [ |
||
mailing address, and telephone number; and | ||
(5) follow the guidelines adopted by board | ||
[ |
||
instrument purchased. | ||
SECTION 42. The heading to Subchapter J, Chapter 401, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER J. [ |
||
PROCEDURE [ |
||
SECTION 43. Section 401.451, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.451. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE | ||
OF LICENSE HOLDER [ |
||
hearing, the board [ |
||
license to an applicant or may suspend or revoke a person's license | ||
or place on probation a license holder if the applicant or license | ||
holder: | ||
(1) violates this chapter or an order issued or rule | ||
adopted under this chapter; | ||
(2) obtains a license by means of fraud, | ||
misrepresentation, or concealment of a material fact; | ||
(3) sells, barters, or offers to sell or barter a | ||
license or certificate of registration; or | ||
(4) engages in unprofessional conduct that: | ||
(A) endangers or is likely to endanger the | ||
health, welfare, or safety of the public as defined by board | ||
[ |
||
(B) violates the code of ethics adopted and | ||
published by the board [ |
||
SECTION 44. Subchapter J, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.452 to read as follows: | ||
Sec. 401.452. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY | ||
ACTION; SCHEDULE OF SANCTIONS. (a) A person whose application for | ||
a license is denied is entitled to a hearing before the State Office | ||
of Administrative Hearings if the applicant submits a written | ||
request for a hearing to the board. | ||
(b) A proceeding to take disciplinary action under this | ||
subchapter or an appeal from the proceeding is a contested case for | ||
the purposes of Chapter 2001, Government Code. | ||
(c) The State Office of Administrative Hearings shall use | ||
the schedule of sanctions adopted by the board by rule for a | ||
sanction imposed as the result of a hearing conducted by the office. | ||
SECTION 45. Section 401.453(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board [ |
||
or may suspend or revoke a license if the applicant or license | ||
holder has been convicted of a misdemeanor involving moral | ||
turpitude or a felony. The board [ |
||
take action authorized by this section when: | ||
(1) the time for appeal of the person's conviction has | ||
elapsed; | ||
(2) the judgment or conviction has been affirmed on | ||
appeal; or | ||
(3) an order granting probation is made suspending the | ||
imposition of the person's sentence, without regard to whether a | ||
subsequent order: | ||
(A) allows a withdrawal of a plea of guilty; | ||
(B) sets aside a verdict of guilty; or | ||
(C) dismisses an information or indictment. | ||
SECTION 46. Subchapter J, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.454, 401.455, 401.456, 401.457, and | ||
401.458 to read as follows: | ||
Sec. 401.454. 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 the license holder's 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 those areas that are the basis of the | ||
probation. | ||
Sec. 401.455. 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 the board's legal counsel | ||
or a representative of the attorney general to advise the board. | ||
Sec. 401.456. EMERGENCY SUSPENSION. (a) The board may | ||
temporarily suspend a license issued under this chapter on an | ||
emergency basis if the board determines that the continued practice | ||
by the license holder constitutes a continuing or imminent threat | ||
to the public health or welfare. | ||
(b) A temporary suspension under this section requires a | ||
two-thirds vote by the board. | ||
(c) The board may suspend a license under this section | ||
without notice or hearing if, at the time the suspension is ordered, | ||
a hearing on whether to institute a disciplinary proceeding against | ||
the license holder is scheduled to be held not later than the 14th | ||
day after the date of the temporary suspension. A second hearing on | ||
the suspended license must be held not later than the 60th day after | ||
the date the temporary suspension was ordered. If the second | ||
hearing is not held within the required time, the suspended license | ||
is automatically reinstated. | ||
(d) The board shall adopt rules that establish procedures | ||
and standards for the temporary suspension of a license under this | ||
section. | ||
Sec. 401.457. SUBPOENAS. (a) The board may request or | ||
compel by subpoena: | ||
(1) the attendance of a witness for examination under | ||
oath; and | ||
(2) the production for inspection or copying of | ||
evidence relevant to an investigation of an alleged violation of | ||
this chapter. | ||
(b) If a person fails to comply with the 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. | ||
(c) If the court determines that good cause exists for | ||
issuing the subpoena, the court shall order the person to comply | ||
with the subpoena. The court may punish for contempt a person who | ||
fails to obey the court order. | ||
Sec. 401.458. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE | ||
AFTER DENIAL. (a) On application by the person, the board may | ||
reissue a license to a person whose license has been revoked. | ||
(b) An application to reinstate a revoked license: | ||
(1) may not be made before the 180th day after the date | ||
the revocation order became final; and | ||
(2) must be made in the manner and form the board | ||
requires. | ||
(c) On application by the person, the board may issue a | ||
license to a person whose license application has been denied. The | ||
application may not be made before the first anniversary of the date | ||
of the denial. | ||
SECTION 47. Section 401.5021, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 401.5021. REFUND. The board [ |
||
|
||
returns a hearing instrument during the 30-day trial period | ||
required by rules adopted under Section 401.2021. | ||
SECTION 48. Subchapter K, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.504, 401.505, and 401.506 to read as | ||
follows: | ||
Sec. 401.504. INJUNCTIVE RELIEF. The board or the attorney | ||
general may institute a proceeding to enforce this chapter, | ||
including a suit to enjoin a person from practicing speech-language | ||
pathology or audiology without complying with this chapter. | ||
Sec. 401.505. MONITORING OF LICENSE HOLDER. The board by | ||
rule shall develop a system for monitoring a license holder's | ||
compliance with this chapter. The rules must include procedures | ||
for: | ||
(1) monitoring for compliance a license holder who is | ||
ordered by the board to perform a certain act; and | ||
(2) identifying and monitoring each license holder who | ||
represents a risk to the public. | ||
Sec. 401.506. CIVIL PENALTY. (a) A person found by a court | ||
to have violated this chapter is liable to this state for a civil | ||
penalty of $200 for each day the violation continues. | ||
(b) A civil penalty may be recovered in a suit brought by the | ||
attorney general, a district attorney, or a county attorney. | ||
SECTION 49. Subchapter L, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.551 and 401.553 to read as follows: | ||
Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The | ||
board may impose an administrative penalty against a person | ||
licensed under this chapter who violates this chapter or a rule or | ||
order adopted under this chapter. | ||
Sec. 401.553. ADMINISTRATIVE PROCEDURE. (a) The board | ||
shall adopt rules that establish procedures for assessing an | ||
administrative penalty and that provide for notice and a hearing | ||
for a license holder that may be subject to a penalty under this | ||
subchapter. | ||
(b) A proceeding under this subchapter is subject to Chapter | ||
2001, Government Code. | ||
SECTION 50. Section 402.1021, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the | ||
assistance of the advisory board, [ |
||
Speech-Language Pathology [ |
||
and [ |
||
adopt rules to establish requirements for each sale of a hearing | ||
instrument for purposes of this chapter and Chapter 401. The rules | ||
must: | ||
(1) address: | ||
(A) the information and other provisions | ||
required in each written contract for the purchase of a hearing | ||
instrument; | ||
(B) records that must be retained under this | ||
chapter or Chapter 401; and | ||
(C) guidelines for the 30-day trial period during | ||
which a person may cancel the purchase of a hearing instrument; and | ||
(2) require that the written contract and 30-day trial | ||
period information provided to a purchaser of a hearing instrument | ||
be in plain language designed to be easily understood by the average | ||
consumer. | ||
SECTION 51. Section 402.1023(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) With the assistance of the advisory board, [ |
||
Texas Board of Speech-Language Pathology [ |
||
Audiology Examiners and [ |
||
commission shall jointly adopt rules to establish requirements for | ||
the fitting and dispensing of hearing instruments by the use of | ||
telepractice for purposes of this chapter and Chapter 401, | ||
including rules that establish the qualifications and duties of | ||
license holders who use telepractice. | ||
SECTION 52. The heading to Chapter 452, Occupations Code, | ||
is amended to read as follows: | ||
CHAPTER 452. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL THERAPISTS, | ||
[ |
||
PATHOLOGISTS AND AUDIOLOGISTS [ |
||
SECTION 53. Section 452.001, Occupations Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (4) to read as | ||
follows: | ||
(1) "Executive council" means the Executive Council of | ||
Examiners of Physical Therapists, [ |
||
Therapists, and Speech-Language Pathologists and Audiologists | ||
[ |
||
(4) "Speech-language pathology and audiology board" | ||
means the Texas Board of Speech-Language Pathology and Audiology | ||
Examiners. | ||
SECTION 54. The heading to Subchapter B, Chapter 452, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER B. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL | ||
THERAPISTS, [ |
||
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS [ |
||
SECTION 55. Sections 452.051(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) The executive council [ |
||
|
||
(1) an occupational therapist member of the | ||
occupational therapy board appointed by that board; | ||
(2) a public member of the occupational therapy board | ||
appointed by that board; | ||
(3) a physical therapist member of the physical | ||
therapy board appointed by that board; | ||
(4) a public member of the physical therapy board | ||
appointed by that board; [ |
||
(5) a speech-language pathologist or audiologist | ||
member of the speech-language pathology and audiology board | ||
appointed by that board; | ||
(6) a public member of the speech-language pathology | ||
and audiology board appointed by that board; and | ||
(7) a public member appointed by the governor. | ||
(b) The occupational therapy board, [ |
||
therapy board, and the speech-language pathology and audiology | ||
board may designate an alternate to attend an executive council | ||
meeting if a member appointed by that board cannot attend. The | ||
alternate has the same powers and duties and is subject to the same | ||
qualifications as the appointed member. | ||
SECTION 56. Section 452.052, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY | ||
GOVERNOR. A person is not eligible for appointment by the governor | ||
as a public member of the executive council if the person or the | ||
person's spouse: | ||
(1) is registered, certified, or licensed by an | ||
occupational regulatory agency in the field of health care; | ||
(2) is employed by or participates in the management | ||
of a business entity or other organization regulated by or | ||
receiving funds from the executive council, the occupational | ||
therapy board, [ |
||
speech-language pathology and audiology board; | ||
(3) 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 executive | ||
council, the occupational therapy board, [ |
||
board, or the speech-language pathology and audiology board; or | ||
(4) uses or receives a substantial amount of tangible | ||
goods, services, or funds from the executive council, the | ||
occupational therapy board, [ |
||
speech-language pathology and audiology board, other than | ||
compensation or reimbursement authorized by law for executive | ||
council, occupational therapy board, [ |
||
or speech-language pathology and audiology board membership, | ||
attendance, or expenses. | ||
SECTION 57. Section 452.053(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) A person may not serve as a member of the executive | ||
council or act as the general counsel to the executive council 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 executive council, the occupational therapy board, [ |
||
physical therapy board, or the speech-language pathology and | ||
audiology board. | ||
SECTION 58. Sections 452.058(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) The executive council may hold additional meetings on | ||
the request of the presiding officer or on the written request of | ||
four [ |
||
(c) A quorum of the executive council exists if the | ||
occupational therapist member, the physical [ |
||
member, the speech-language pathologist or audiologist member, | ||
[ |
||
SECTION 59. Section 452.101, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive | ||
council shall employ a director and administrative and clerical | ||
employees as necessary to carry out the functions of the executive | ||
council, the occupational therapy board, [ |
||
board, and the speech-language pathology and audiology board. | ||
(b) The director shall employ a coordinator of occupational | ||
therapy programs, [ |
||
and a coordinator of speech-language pathology and audiology | ||
programs to carry out the functions of the respective boards. The | ||
coordinators may request the executive council to assign additional | ||
employees to carry out the duties of the coordinators. | ||
SECTION 60. Section 452.151, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as | ||
otherwise provided by this chapter, the executive council shall | ||
administer and enforce Chapters 401, 453, and 454. | ||
(b) The executive council shall: | ||
(1) develop and prepare a budget for the executive | ||
council, the occupational therapy board, [ |
||
board, and the speech-language pathology and audiology board; and | ||
(2) manage all physical property used by the executive | ||
council, the occupational therapy board, [ |
||
board, or the speech-language pathology and audiology board. | ||
SECTION 61. Section 452.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In administering Chapters 401, 453, and 454, the | ||
executive council shall: | ||
(1) perform data processing functions; and | ||
(2) administer records relating to payroll, personnel | ||
files, and employee leave, benefits, and applications. | ||
SECTION 62. Section 452.158, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council | ||
may authorize from its appropriated funds all necessary | ||
disbursements to carry out: | ||
(1) this chapter; | ||
(2) Chapter 401; | ||
(3) Chapter 453; and | ||
(4) [ |
||
SECTION 63. Section 452.201(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The executive council shall prepare information of | ||
public interest describing the functions of the executive council | ||
and the procedures by which complaints are filed with and resolved | ||
by the executive council, the occupational therapy board, [ |
||
physical therapy board, or the speech-language pathology and | ||
audiology board. | ||
SECTION 64. Section 452.202(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The executive council by rule shall establish methods by | ||
which consumers and service recipients are notified of the name, | ||
mailing address, and telephone number of the executive council for | ||
the purpose of directing complaints to the executive council. The | ||
executive council may provide for that notice: | ||
(1) on each registration form, application, or written | ||
contract for services of a person regulated by the executive | ||
council, the occupational therapy board, [ |
||
board, or the speech-language pathology and audiology board; | ||
(2) on a sign prominently displayed in the place of | ||
business of each person regulated by the executive council, the | ||
occupational therapy board, [ |
||
speech-language pathology and audiology board; or | ||
(3) in a bill for service provided by a person | ||
regulated by the executive council, the occupational therapy board, | ||
[ |
||
and audiology board. | ||
SECTION 65. Section 453.001(3), Occupations Code, is | ||
amended to read as follows: | ||
(3) "Executive council" means the Executive Council of | ||
Examiners of Physical Therapists, [ |
||
Therapists, and Speech-Language Pathologists and Audiologists | ||
[ |
||
SECTION 66. Section 454.002(3), Occupations Code, is | ||
amended to read as follows: | ||
(3) "Executive council" means the Executive Council of | ||
Examiners of Physical Therapists, [ |
||
Therapists, and Speech-Language Pathologists and Audiologists | ||
[ |
||
SECTION 67. Section 91A.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 91A.001. DEFINITIONS. In this chapter: | ||
(1) "Audiologist" means an individual licensed to | ||
practice audiology by the Texas [ |
||
Speech-Language Pathology and Audiology Examiners. | ||
(2) "Speech-language pathologist" means an individual | ||
licensed to practice speech-language pathology by the Texas [ |
||
Board of [ |
||
Examiners. | ||
SECTION 68. Section 411.122(d), Government Code, is amended | ||
to read as follows: | ||
(d) The following state agencies are subject to this | ||
section: | ||
(1) Texas Appraiser Licensing and Certification | ||
Board; | ||
(2) Texas Board of Architectural Examiners; | ||
(3) Texas Board of Chiropractic Examiners; | ||
(4) State Board of Dental Examiners; | ||
(5) Texas Board of Professional Engineers; | ||
(6) Texas Funeral Service Commission; | ||
(7) Texas Board of Professional Geoscientists; | ||
(8) Department of State Health Services, except as | ||
provided by Section 411.110, and agencies attached to the | ||
department, including: | ||
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and Family Therapists; | ||
(B) [ |
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Professional Counselors; and | ||
(C) [ |
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Examiners; | ||
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(9) Texas Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation, | ||
except as provided by Section 411.093; | ||
(11) Texas Commission on Environmental Quality; | ||
(12) Texas Board of Occupational Therapy Examiners; | ||
(13) Texas Optometry Board; | ||
(14) Texas State Board of Pharmacy; | ||
(15) Texas Board of Physical Therapy Examiners; | ||
(16) Texas State Board of Plumbing Examiners; | ||
(17) Texas State Board of Podiatric Medical Examiners; | ||
(18) Texas State Board of Examiners of Psychologists; | ||
(19) Texas Real Estate Commission; | ||
(20) Texas Department of Transportation; | ||
(21) State Board of Veterinary Medical Examiners; | ||
(22) Texas Department of Housing and Community | ||
Affairs; | ||
(23) secretary of state; | ||
(24) state fire marshal; | ||
(25) Texas Education Agency; | ||
(26) Department of Agriculture; [ |
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(27) Texas Department of Motor Vehicles; and | ||
(28) Texas Board of Speech-Language Pathology and | ||
Audiology Examiners. | ||
SECTION 69. Section 2054.352(a), Government Code, is | ||
amended to read as follows: | ||
(a) The following licensing entities shall participate in | ||
the system established under Section 2054.353: | ||
(1) Texas Board of Chiropractic Examiners; | ||
(2) Judicial Branch Certification Commission; | ||
(3) State Board of Dental Examiners; | ||
(4) Texas Funeral Service Commission; | ||
(5) Texas Board of Professional Land Surveying; | ||
(6) Texas Medical Board; | ||
(7) Texas Board of Nursing; | ||
(8) Texas Optometry Board; | ||
(9) Department of Agriculture, for licenses issued | ||
under Chapter 1951, Occupations Code; | ||
(10) Texas State Board of Pharmacy; | ||
(11) Executive Council of Examiners of Physical | ||
Therapists, [ |
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Speech-Language Pathologists and Audiologists [ |
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(12) Texas State Board of Plumbing Examiners; | ||
(13) Texas State Board of Podiatric Medical Examiners; | ||
(14) Texas State Board of Examiners of Psychologists; | ||
(15) State Board of Veterinary Medical Examiners; | ||
(16) Texas Real Estate Commission; | ||
(17) Texas Appraiser Licensing and Certification | ||
Board; | ||
(18) Texas Department of Licensing and Regulation; | ||
(19) Texas State Board of Public Accountancy; | ||
(20) State Board for Educator Certification; | ||
(21) Texas Board of Professional Engineers; | ||
(22) Department of State Health Services; | ||
(23) Texas Board of Architectural Examiners; | ||
(24) Texas Racing Commission; | ||
(25) Texas Commission on Law Enforcement; and | ||
(26) Texas Private Security Board. | ||
SECTION 70. Sections 1451.001(3) and (20), Insurance Code, | ||
are amended to read as follows: | ||
(3) "Audiologist" means an individual licensed to | ||
practice audiology by the Texas [ |
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Speech-Language Pathology and Audiology Examiners. | ||
(20) "Speech-language pathologist" means an | ||
individual licensed to practice speech-language pathology by the | ||
Texas [ |
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and Audiology Examiners. | ||
SECTION 71. Sections 401.10205 and 401.253, Occupations | ||
Code, are repealed. | ||
SECTION 72. On the effective date of this Act, a member of | ||
the Speech-Language Pathologists and Audiologists Advisory Board | ||
becomes a member of the Texas Board of Speech-Language Pathology | ||
and Audiology Examiners. | ||
SECTION 73. Sections 401.103 and 401.104, Occupations Code, | ||
as added by this Act, do not affect the entitlement of a member | ||
serving on the Speech-Language Pathologists and Audiologists | ||
Advisory Board immediately before the effective date of this Act to | ||
serve as a member of the Texas Board of Speech-Language Pathology | ||
and Audiology Examiners for the remainder of the member's term. As | ||
the terms of board members expire or as vacancies occur on the | ||
board, the governor shall appoint members to the board as necessary | ||
to comply with Sections 401.103 and 401.104, Occupations Code, as | ||
added by this Act. | ||
SECTION 74. (a) A rule or fee of the Texas Department of | ||
Licensing and Regulation under Chapter 401, Occupations Code, in | ||
effect on the effective date of this Act is continued in effect as a | ||
rule or fee of the Texas Board of Speech-Language Pathology and | ||
Audiology Examiners until superseded by a rule of the board or a fee | ||
of the Executive Council of Examiners of Physical Therapists, | ||
Occupational Therapists, and Speech-Language Pathologists and | ||
Audiologists. | ||
(b) A license or certificate of registration issued by the | ||
Texas Department of Licensing and Regulation under Chapter 401, | ||
Occupations Code, in effect on the effective date of this Act is | ||
continued in effect as provided by the law in effect immediately | ||
before the effective date of this Act. | ||
(c) A complaint, investigation, contested case, or other | ||
proceeding pending under Chapter 401, Occupations Code, on the | ||
effective date of this Act is continued without change in status | ||
after the effective date of this Act. An action taken by the Texas | ||
Department of Licensing and Regulation is considered to be an | ||
action of the Texas Board of Speech-Language Pathology and | ||
Audiology Examiners. | ||
SECTION 75. Not later than December 1, 2017, the Texas Board | ||
of Speech-Language Pathology and Audiology Examiners shall appoint | ||
members to the Executive Council of Examiners of Physical | ||
Therapists, Occupational Therapists, and Speech-Language | ||
Pathologists and Audiologists as required by Section 452.051, | ||
Occupations Code, as amended by this Act, for terms expiring | ||
February 1, 2019. | ||
SECTION 76. As soon as practicable after the effective date | ||
of this Act, the Texas Department of Licensing and Regulation and | ||
the Executive Council of Examiners of Physical Therapists, | ||
Occupational Therapists, and Speech-Language Pathologists and | ||
Audiologists shall adopt a transition plan to provide for the | ||
transfer not later than January 1, 2018, of the following from the | ||
department to the executive council to the extent necessary for the | ||
exercise of the executive council's powers and duties related to | ||
Chapters 401 and 452, Occupations Code, as amended by this Act: | ||
(1) personnel; | ||
(2) equipment, files, and records; and | ||
(3) money appropriated for the fiscal biennium ending | ||
August 31, 2019. | ||
SECTION 77. Not later than March 1, 2018, the Texas Board of | ||
Speech-Language Pathology and Audiology Examiners shall adopt | ||
rules necessary to implement the changes in law made by this Act to | ||
Chapter 401, Occupations Code. | ||
SECTION 78. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 79. This Act takes effect September 1, 2017. |