Bill Text: TX SB662 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the State Board of Examiners for Speech-Language Pathology and Audiology; providing an administrative penalty.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB662 Detail]
Download: Texas-2011-SB662-Engrossed.html
Bill Title: Relating to the continuation and functions of the State Board of Examiners for Speech-Language Pathology and Audiology; providing an administrative penalty.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB662 Detail]
Download: Texas-2011-SB662-Engrossed.html
By: Nichols, Hegar | S.B. No. 662 |
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relating to the continuation and functions of the State Board of | ||
Examiners for Speech-Language Pathology and Audiology; providing | ||
an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 401.001, Occupations Code, is amended by | ||
amending Subdivision (4) and adding Subdivision (4-a) to read as | ||
follows: | ||
(4) "Department" means the [ |
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Health Services. | ||
(4-a) "Hearing instrument" has the meaning assigned by | ||
Section 402.001. | ||
SECTION 2. Section 401.002, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of | ||
Examiners for Speech-Language Pathology and Audiology 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 [ |
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SECTION 3. Section 401.101, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.101. BOARD WITHIN [ |
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Board of Examiners for Speech-Language Pathology and Audiology is | ||
within the department [ |
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SECTION 4. Section 401.103, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. A person may | ||
not be a [ |
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the public member described by Section 401.102(d), if the person or | ||
the person's spouse [ |
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(1) is registered, certified, or [ |
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occupational regulatory agency in the field of health care; | ||
(2) is [ |
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management of an agency or business entity that: | ||
(A) provides health care services; | ||
(B) [ |
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distributes health care supplies or equipment; or | ||
(C) receives money from the board or the | ||
department; | ||
(3) owns, controls [ |
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direct or indirect interest of more than 10 percent in a business | ||
entity that: | ||
(A) provides health care services; | ||
(B) [ |
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distributes health care supplies or equipment; or | ||
(C) receives money from the board or department; | ||
or | ||
(4) uses or receives a substantial amount of tangible | ||
goods, services, or money from the board or department other than | ||
compensation or reimbursement authorized by law for board | ||
membership, attendance, or expenses [ |
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SECTION 5. Section 401.104, Occupations Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(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 [ |
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(c) A person may not be a member of the board if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association in the field of health care; | ||
or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association in the field of health care. | ||
SECTION 6. Subsection (a), Section 401.107, Occupations | ||
Code, is amended to read as follows: | ||
(a) The governor shall designate a member of the board as | ||
the presiding officer of the board to serve in that capacity at the | ||
will of the governor [ |
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SECTION 7. Subchapter C, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.109 and 401.110 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, | ||
discharge 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 | ||
board member exists. | ||
(c) If the commissioner of state health services has | ||
knowledge that a potential ground for removal exists, the | ||
commissioner 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 commissioner 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. TRAINING. (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, functions, rules, and budget of the | ||
board; | ||
(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 | ||
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. | ||
SECTION 8. Subchapter E, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.2021 to read as follows: | ||
Sec. 401.2021. JOINT RULES FOR HEARING INSTRUMENTS. With | ||
the assistance of the department, the board and the State Committee | ||
of Examiners in the Fitting and Dispensing of Hearing Instruments | ||
shall jointly adopt rules to establish requirements for each sale | ||
of a hearing instrument. 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 9. Subchapter G, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.3041 to read as follows: | ||
Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall require | ||
that an applicant for a license submit a complete and legible set of | ||
fingerprints, on a form prescribed by the board, to the board or to | ||
the Department of 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 may not issue a license to a person who does | ||
not comply with the requirement of Subsection (a). | ||
(c) The board shall conduct a criminal history check of each | ||
applicant for a license using information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the board by the Department of | ||
Public Safety, the Federal Bureau of Investigation, and any other | ||
criminal justice agency under Chapter 411, Government Code. | ||
(d) The Department of State Health Services on behalf of the | ||
board may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history 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 check. | ||
SECTION 10. Subchapter H, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.3521 to read as follows: | ||
Sec. 401.3521. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a | ||
license issued under this chapter shall submit a complete and | ||
legible set of fingerprints for purposes of performing a criminal | ||
history check of the applicant as provided by Section 401.3041. | ||
(b) The board may not renew the license of a person who does | ||
not comply with the requirement of Subsection (a). | ||
(c) The requirements of this section do not apply to a | ||
license holder who has previously submitted fingerprints under this | ||
section or Section 401.3041. | ||
(d) This section expires February 1, 2015. | ||
SECTION 11. Subchapter J, Chapter 401, Occupations Code, is | ||
amended by adding Section 401.4531 to read as follows: | ||
Sec. 401.4531. RECUSAL OF BOARD MEMBER. (a) A board | ||
member who participated in the investigation of a complaint or in | ||
informal settlement negotiations regarding the complaint: | ||
(1) may not vote on the matter at a board meeting | ||
related to the complaint; and | ||
(2) shall state at the meeting why the member is | ||
prohibited from voting on the matter. | ||
(b) A statement under Subsection (a)(2) shall be entered | ||
into the minutes of the meeting. | ||
SECTION 12. Subchapter K, Chapter 401, Occupations Code, is | ||
amended by adding Sections 401.5021 and 401.5022 to read as | ||
follows: | ||
Sec. 401.5021. BOARD-ORDERED REFUND. The board may order | ||
an audiologist to pay a refund to a consumer who returns a hearing | ||
instrument during the 30-day trial period required by rules adopted | ||
under Section 401.2021. | ||
Sec. 401.5022. 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 | ||
speech-language pathology or audiology, 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 Subchapter L. | ||
SECTION 13. (a) Not later than February 1, 2012, the State | ||
Board of Examiners for Speech-Language Pathology and Audiology | ||
shall adopt rules necessary to implement Sections 401.3041 and | ||
401.3521, Occupations Code, as added by this Act. | ||
(b) Not later than May 1, 2012, the State Board of Examiners | ||
for Speech-Language Pathology and Audiology and the State Committee | ||
of Examiners in the Fitting and Dispensing of Hearing Instruments | ||
shall adopt rules required by Section 401.2021, Occupations Code, | ||
as added by this Act. | ||
(c) The changes in law made by Sections 401.103 and 401.104, | ||
Occupations Code, as amended by this Act, and Section 401.110, | ||
Occupations Code, as added by this Act, regarding the prohibitions | ||
on or qualifications of members of the State Board of Examiners for | ||
Speech-Language Pathology and Audiology do not affect the | ||
entitlement of a member serving on the board immediately before | ||
September 1, 2011, to continue to serve and function as a member of | ||
the board for the remainder of the member's term. The changes in | ||
law made by those sections apply only to a member appointed on or | ||
after September 1, 2011. | ||
(d) Section 401.4531, Occupations Code, as added by this | ||
Act, applies only to a complaint filed with the State Board of | ||
Examiners for Speech-Language Pathology and Audiology on or after | ||
the effective date of this Act. A complaint filed before the | ||
effective date of this Act is governed by the law as it existed | ||
immediately before that date, and the former law is continued in | ||
effect for that purpose. | ||
(e) Sections 401.3041 and 401.3521, Occupations Code, as | ||
added by this Act, apply only to an application for a license or | ||
renewal of a license filed with the State Board of Examiners for | ||
Speech-Language Pathology and Audiology on or after March 1, 2012. | ||
An application filed before that date is governed by the law in | ||
effect at the time the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 14. This Act takes effect September 1, 2011. |