73R10117 JMM-D
By Cain, Berlanga, et al. H.B. No. 1478
Substitute the following for H.B. No. 1478:
By Berlanga C.S.H.B. No. 1478
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of speech-language pathology and
1-3 audiology and the continuation of the State Committee of Examiners
1-4 for Speech Pathology and Audiology.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2, Chapter 381, Acts of the 68th
1-7 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 2. DEFINITIONS. In this Act:
1-10 (1) "Board" means the State <Texas> Board of Examiners
1-11 for Speech-Language Pathology and Audiology <Health>.
1-12 (2) <"Committee" means the State Committee of
1-13 Examiners for Speech-Language Pathology and Audiology.>
1-14 <(3)> "Department" means the Texas Department of
1-15 Health.
1-16 (3) <(4)> "Person" means an individual, corporation,
1-17 partnership, or other legal entity.
1-18 (4) <(5)> "Speech-language pathologist" means an
1-19 individual who practices speech-language pathology, who makes a
1-20 nonmedical evaluation, who examines, counsels, or provides
1-21 habilitative or rehabilitative services for persons who have or are
1-22 suspected of having speech, voice, or language disorders, and who
1-23 meets the qualifications of <set forth in> this Act.
1-24 (5) <(6)> "The practice of speech-language pathology"
2-1 means the application of nonmedical principles, methods, and
2-2 procedures for the measurement, testing, evaluation, prediction,
2-3 counseling, habilitation, rehabilitation, or instruction related to
2-4 the development and disorders of communication, including speech,
2-5 voice, <or> language, oral pharyngeal function, or cognitive
2-6 processes, for the purpose of rendering or offering to render an
2-7 evaluation, prevention, or modification of these disorders and
2-8 conditions in individuals or groups of individuals.
2-9 Speech-language pathologists may perform <the> basic audiometric
2-10 screening tests and aural rehabilitation or habilitation <hearing
2-11 therapy procedures consistent with their training>.
2-12 (6) <(7)> "Audiologist" means a person who practices
2-13 audiology, who makes a nonmedical evaluation, who examines,
2-14 counsels, or provides habilitative or rehabilitative services for
2-15 persons who have or are suspected of having a hearing or vestibular
2-16 disorder, and who meets the qualifications of <set forth in> this
2-17 Act.
2-18 (7) <(8)> "The practice of audiology" means the
2-19 application of nonmedical principles, methods, and procedures for
2-20 the measurement, testing, appraisal, prediction, consultation,
2-21 counseling, habilitation, rehabilitation, or instruction related to
2-22 <hearing and> disorders of the auditory or vestibular systems
2-23 <hearing and> for the purpose of rendering or offering to render
2-24 services modifying communicative disorders involving speech,
2-25 language, auditory or vestibular function, or other aberrant
2-26 behavior relating to hearing loss. An audiologist may engage in
2-27 any tasks, procedures, acts, or practices that are necessary (A)
3-1 for the evaluation of hearing; (B) for training in the use of
3-2 amplification including hearing aids; <or> (C) for the making of
3-3 earmolds for hearing aids; (D) for the fitting, dispensing, and
3-4 sale of hearing aids; or (E) for the management of cerumen. An
3-5 audiologist may participate in consultation regarding noise control
3-6 and hearing conservation, may provide evaluations of environment or
3-7 equipment including calibration of equipment used in testing
3-8 auditory functioning and hearing conservation, and may perform the
3-9 basic speech and language screening tests and procedures consistent
3-10 with his or her training.
3-11 (8) "Licensed assistant in speech-language
3-12 <(9) "Speech-language> pathology <aide>" means a person who meets
3-13 minimum qualifications which the board <committee> may establish
3-14 for licensed assistants <speech-language pathology aides> and who
3-15 works under the direction of a licensed speech-language
3-16 pathologist. The qualifications for licensure as a licensed
3-17 assistant in speech-language pathology <aide> shall be uniform and
3-18 shall be less than those established by this Act as necessary for
3-19 licensure as a speech-language pathologist.
3-20 (9) "Licensed assistant in audiology"
3-21 <(10) "Audiology aide"> means a person who meets minimum
3-22 qualifications which the board <committee> may establish for
3-23 licensed assistants <audiology aides> and who works under the
3-24 direction of a licensed audiologist. The qualifications for
3-25 licensure as a licensed assistant in <an> audiology <aide> shall be
3-26 uniform and shall be less than those established by this Act as
3-27 necessary for licensure as an audiologist.
4-1 SECTION 2. Section 3, Chapter 381, Acts of the 68th
4-2 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
4-3 Civil Statutes), is amended to read as follows:
4-4 Sec. 3. BOARD <Committee>; Membership. (a) The State Board
4-5 <Committee> of Examiners for Speech Pathology and Audiology is
4-6 created within the Texas Department of Health. The board
4-7 <committee> consists of nine members appointed by the governor <to
4-8 take office on the effective date of this Act>. Members of the
4-9 board <committee> must have been residents of the State of Texas
4-10 for two years immediately preceding appointment and must be
4-11 representative of varying geographic regions of the state and from
4-12 varying employment settings. Six members must have been engaged in
4-13 rendering services, teaching, or research in speech-language
4-14 pathology or audiology for at least five years and must meet the
4-15 qualifications for full licensure under this Act. Of these six
4-16 members, three members shall be audiologists, three members shall
4-17 be speech-language pathologists. All <Except for the initial
4-18 appointees, all> six shall hold valid licenses under this Act.
4-19 Three members shall be selected from the general public. One of
4-20 the three public members of the board <committee> must be a
4-21 physician licensed to practice in the State of Texas and board
4-22 certified in otolaryngology or pediatrics. The two remaining
4-23 public members may not:
4-24 (1) be licensed by an occupational regulatory agency
4-25 in the field of health care;
4-26 (2) be employed by and participating in the management
4-27 of an agency or business entity that provides health-care services
5-1 or that sells, manufactures, or distributes health-care supplies or
5-2 equipment;
5-3 (3) own, control, or have a direct or indirect
5-4 interest in more than 10 percent of a business entity that provides
5-5 health-care services or that sells, manufactures, or distributes
5-6 health-care supplies or equipment; or
5-7 (4) be an officer, employee, or paid consultant of a
5-8 trade association in the field of health care. A member of the
5-9 board <committee> may not be related within the second degree of
5-10 affinity or consanguinity, as determined under Article 5996h,
5-11 Revised Statutes, to a person who is an officer, employee, or a
5-12 paid consultant of a trade association in the health-care field.
5-13 (b) An appointment to the board <committee> shall be made
5-14 without regard to the race, creed, sex, religion, or national
5-15 origin of the appointee.
5-16 (c) A person who is required to register as a lobbyist under
5-17 Chapter 305, Government Code, in a health-related area may not
5-18 serve as a member of the board or act as the general counsel to the
5-19 board.
5-20 (d) Each board member shall comply with the board member
5-21 training requirements established by any other state agency that is
5-22 given authority to establish the requirements of the board.
5-23 SECTION 3. Section 4, Chapter 381, Acts of the 68th
5-24 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
5-25 Civil Statutes), is amended to read as follows:
5-26 Sec. 4. Terms; Officers; Quorum; Expenses. (a) Members
5-27 <The term of initial appointees to the board shall be determined by
6-1 lot as follows: three members are appointed for terms which expire
6-2 August 31, 1985; three members are appointed for terms which expire
6-3 August 31, 1987; and three members are appointed for terms which
6-4 expire August 31, 1989. After the initial appointments, members>
6-5 are appointed for staggered terms of six years, with three terms
6-6 beginning September 1 of each odd-numbered year. Members of the
6-7 board <committee> shall serve until the expiration of the term to
6-8 which they have been appointed or until their successors have
6-9 qualified. A person may not be appointed to serve more than two
6-10 consecutive terms.
6-11 (b) The board <committee> shall be organized annually and
6-12 select a chairperson, vice-chairperson, and a secretary-treasurer.
6-13 The <initial chairperson shall be a person who meets the
6-14 qualifications for licensing under this Act. After September 1,
6-15 1984, the> chairperson shall hold a valid license under this Act.
6-16 (c) Five members of the board <committee> constitute a
6-17 quorum to do business.
6-18 (d) The board <committee> shall hold at least two regular
6-19 meetings each year <at which time an examination as defined in
6-20 Section 12 of this Act shall be offered>. Additional meetings may
6-21 be held on the call of the chairperson or at the written request of
6-22 any three members of the board <committee>. The board is subject
6-23 to the open meetings law, Chapter 271, Acts of the 60th
6-24 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
6-25 Civil Statutes), and its subsequent amendments. <At least 14 days'
6-26 advance notice of the committee meeting is required.>
6-27 (e) Board <Committee> members receive no compensation for
7-1 their services; however, each member of the board <committee> is
7-2 entitled to a per diem and travel allowance at the rate set by the
7-3 legislature for state employees in the General Appropriations Act
7-4 for each day that the member engages in the business of the board
7-5 <committee>.
7-6 SECTION 4. Section 5, Chapter 381, Acts of the 68th
7-7 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
7-8 Civil Statutes), is amended to read as follows:
7-9 Sec. 5. DUTIES AND POWERS OF THE BOARD <COMMITTEE>. (a)
7-10 The board <Subject to the approval of the board, the committee>
7-11 shall adopt rules necessary to administer and enforce this Act,
7-12 including rules that establish standards of ethical practice.
7-13 (b) With the assistance of the department, the board
7-14 <committee> shall administer, coordinate, and enforce the
7-15 provisions of this Act; evaluate the qualifications of applicants;
7-16 provide for the examination of applicants; and issue subpoenas,
7-17 examine witnesses, and administer oaths under the laws of the State
7-18 of Texas.
7-19 (c) With the assistance of the department and in accordance
7-20 with the Administrative Procedure and Texas Register Act, as
7-21 amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
7-22 board <committee> shall conduct hearings and keep records and
7-23 minutes necessary to the orderly administration of this Act.
7-24 (d) The board <committee> with the aid of the department
7-25 shall investigate persons engaging in practices that violate the
7-26 provisions of this Act.
7-27 (e) A person who holds a license to practice speech-language
8-1 pathology or audiology in this state is governed and controlled by
8-2 the rules adopted by the <committee and approved by the> board <of
8-3 health>.
8-4 (f) The conferral or enumeration of specific powers
8-5 elsewhere in this Act shall not be construed as a limitation of the
8-6 general powers conferred by this section.
8-7 (g) The board <committee> shall be represented by the
8-8 attorney general and the district and county attorneys of this
8-9 state.
8-10 (h) The board <committee> may appoint subcommittees to work
8-11 under its jurisdiction<, subject to the approval of the board>.
8-12 (i) The board shall develop and implement policies that
8-13 clearly define the respective responsibilities of the board and the
8-14 staff of the board.
8-15 (j) The board shall prepare and maintain a written plan that
8-16 describes how a person who does not speak English can be provided
8-17 reasonable access to the board's programs. The board shall also
8-18 comply with federal and state laws for program and facility
8-19 accessibility.
8-20 (k) The board shall develop and implement policies that
8-21 provide the public with a reasonable opportunity to appear before
8-22 the board and to speak on any issue under the jurisdiction of the
8-23 board.
8-24 SECTION 5. Section 6, Chapter 381, Acts of the 68th
8-25 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
8-26 Civil Statutes), is amended to read as follows:
8-27 Sec. 6. Employees of the BOARD <Committee>. The Texas
9-1 Department of Health shall provide such administrative and clerical
9-2 employees as are necessary to carry out the provisions of this Act.
9-3 SECTION 6. Section 7, Chapter 381, Acts of the 68th
9-4 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
9-5 Civil Statutes), is amended to read as follows:
9-6 Sec. 7. Seal and Authentication of Records. The board
9-7 <committee> shall adopt a seal by which it shall authenticate its
9-8 proceedings. Copies of the proceedings, records, and acts of the
9-9 board <committee> and certificates purporting to relate the facts
9-10 concerning the proceedings, records, and acts, signed by the
9-11 secretary-treasurer and authenticated by the seal, are prima facie
9-12 evidence in all courts of this state.
9-13 SECTION 7. Sections 8(a) and (b), Chapter 381, Acts of the
9-14 68th Legislature, Regular Session, 1983 (Article 4512j, Vernon's
9-15 Texas Civil Statutes), are amended to read as follows:
9-16 (a) Licenses shall be granted either in speech-language
9-17 pathology or audiology independently. Persons may be licensed in
9-18 both areas if they meet the qualifications. The board by rule
9-19 shall establish qualifications for dual licensure in
9-20 speech-language pathology and audiology and may develop a full
9-21 range of licensing options and establish rules for qualifications
9-22 as necessary.
9-23 (b) A person may not practice or represent himself or
9-24 herself as a speech-language pathologist or audiologist in this
9-25 state <after August 31, 1984,> unless he or she is licensed in
9-26 accordance with the provisions of this Act.
9-27 SECTION 8. Sections 9(b)-(p), Chapter 381, Acts of the 68th
10-1 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
10-2 Civil Statutes), are amended to read as follows:
10-3 (b) This Act does not prevent or restrict the activities and
10-4 services and the use of an official title by persons holding a
10-5 valid and current certification in speech-language pathology
10-6 <speech and hearing therapy> from the Central Education Agency if
10-7 those persons perform speech-language pathology or audiology
10-8 services solely as a part of their duties within an agency,
10-9 institution, or organization under the jurisdiction of the Central
10-10 Education Agency. Effective September 1, 1994, the Central
10-11 Education Agency certificate in speech-language pathology shall
10-12 require the applicant to hold a master's degree in communicative
10-13 disorders or the equivalent from a university program accredited by
10-14 the American Speech-Language-Hearing Association and to pass a
10-15 national examination in speech-language pathology or audiology
10-16 approved by the board. If persons affected by this subsection
10-17 perform work as a speech-language pathologist or audiologist apart
10-18 from their positions within an agency, institution, or organization
10-19 of the Central Education Agency, they must have a license issued by
10-20 the board <committee>, except that a person affected by this
10-21 subsection may perform speech and hearing screening procedures
10-22 without compensation without having a license issued by the board
10-23 <committee>. In this subsection, "equivalent" means graduate level
10-24 course work and practicum from a program accredited by the American
10-25 Speech-Language-Hearing Association. Course work and practicum
10-26 requirements are the same as those established by the board for a
10-27 license in speech-language pathology or audiology. The clinical
11-1 fellowship year experience or internship may not be a requirement
11-2 for the Central Education Agency certificate in speech-language
11-3 pathology.
11-4 (c) This Act does not restrict the activities and services
11-5 of students <or interns> pursuing a course of study leading to a
11-6 degree in speech-language pathology at a college or university
11-7 accredited by the Southern Association of Colleges and Universities
11-8 or its equivalent, provided that these activities and services
11-9 constitute a part of their supervised course of study and <or
11-10 internship year; that after September 1, 1984,> they are supervised
11-11 by a person licensed under this Act,<;> and that they are
11-12 designated by a title such as <"Speech-Language Pathology Intern"
11-13 or> "Speech-Language Pathology Trainee" or other title clearly
11-14 indicating their professional preparation <the training> status
11-15 <appropriate to their level of training>.
11-16 (d) This Act does not restrict activities and services of
11-17 students <or interns> in audiology pursuing a course of study
11-18 leading to a degree in audiology at a college or university
11-19 accredited by the Southern Association of Colleges and Universities
11-20 or its equivalent, provided that these activities and services
11-21 constitute a part of their supervised course of study, <or
11-22 internship year; that after September 1, 1984,> they are supervised
11-23 by a person licensed under this Act,<;> and that they are
11-24 designated by a title such as <"Audiology Intern" or> "Audiology
11-25 Trainee" or other title clearly indicating their professional
11-26 preparation <the training> status <appropriate to their level of
11-27 training>. A student of audiology in an accredited college or
12-1 university program is exempt from Chapter 366, Acts of the 61st
12-2 Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
12-3 Vernon's Texas Civil Statutes), and its subsequent amendments, if
12-4 the student's activities and services constitute a part of the
12-5 student's supervised course of study or practicum experience.
12-6 (e) <This Act does not restrict the performance of
12-7 speech-language pathology or audiology services in this state by a
12-8 person not a resident of this state who is not licensed under this
12-9 Act, if the services are performed for no more than five days in a
12-10 calendar year and if the person meets the qualifications and
12-11 requirements for application for licensure under this Act.>
12-12 <(f)> This Act does not restrict the use of an official
12-13 title by an individual teaching in a university or college training
12-14 program, provided that the person is not engaged in the practice of
12-15 speech-language pathology or audiology and does not supervise
12-16 persons engaged in the practice of speech-language pathology or
12-17 audiology.
12-18 (f) <(g)> This Act does not permit a person to perform an
12-19 act that would be in violation of the Medical Practice Act (Article
12-20 4495b, Vernon's Texas Civil Statutes). <This Act does not permit a
12-21 person to provide medical or surgical diagnosis or treatment of
12-22 laryngeal or ear disorders.>
12-23 (g) <(h)> Nothing in this Act shall be construed as
12-24 restricting or preventing a physician or surgeon from engaging in
12-25 the practice of medicine in this state. This Act does not restrict
12-26 speech or hearing testing or evaluation personally conducted by a
12-27 licensed physician or surgeon.
13-1 (h) <(i) This Act does not apply to persons employed by the
13-2 Texas Department of Health in its programs concerned with hearing
13-3 or speech services as long as they are performing duties under the
13-4 jurisdiction of the Texas Department of Health.>
13-5 <(j)> This Act does not apply to a person who shows evidence
13-6 of having received training by the Texas Department of Health in
13-7 one of the communication, speech, language, or hearing screening
13-8 training programs approved by that agency, provided that all
13-9 activities performed under this exception shall be limited to
13-10 screening as defined by board rule <of hearing sensitivity>. An
13-11 individual who has received training by the department in one of
13-12 the communication, speech, language, or hearing screening training
13-13 programs approved by the department may not practice
13-14 speech-language pathology or audiology or represent the individual
13-15 as a speech-language pathologist or audiologist.
13-16 (i) <(k) This Act does not license a person to sell hearing
13-17 aids as defined in Chapter 366, Acts of the 61st Legislature,
13-18 Regular Session, 1969, as amended (Article 4566-1.01 et seq.,
13-19 Vernon's Texas Civil Statutes).>
13-20 <(l)> This Act does not prevent or restrict a person
13-21 licensed under Chapter 366, Acts of the 61st Legislature, Regular
13-22 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
13-23 Statutes), and its subsequent amendments, <by the Texas Board of
13-24 Examiners in the Fitting and Dispensing of Hearing Aids> from
13-25 engaging in the practice of fitting and dispensing hearing aids.
13-26 This Act does not prohibit a fitter and dispenser of hearing aids
13-27 licensed under Chapter 366, Acts of the 61st Legislature, Regular
14-1 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
14-2 Statutes), and its subsequent amendments, from measuring human
14-3 hearing using an audiometer or by any means to make a selection,
14-4 adaptation, or sale of a hearing aid, including making impressions
14-5 for earmolds to be used as part of a hearing aid, and any
14-6 post-fitting counseling to fit and dispense hearing aids. A person
14-7 who is not an audiologist who is licensed to fit and dispense
14-8 hearing aids under Chapter 366, Acts of the 61st Legislature,
14-9 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
14-10 Civil Statutes), and its subsequent amendments, may not practice
14-11 speech-language pathology or audiology or represent the person as a
14-12 speech-language pathologist or audiologist or by any other term
14-13 restricted by this Act.
14-14 (j) <(m)> This Act does not prevent persons in an industrial
14-15 setting from engaging in hearing testing as a part of a hearing
14-16 conservation program in compliance with regulations of the
14-17 Occupational Safety and Health Administration, provided that such
14-18 persons are certified by an agency acceptable to the Occupational
14-19 Safety and Health Administration.
14-20 (k) <(n)> This Act does not prevent or restrict
14-21 communication, speech, language, or hearing screenings as defined
14-22 by board rule <sensitivity screening evaluations> conducted by
14-23 registered nurses licensed by the laws of this state and practicing
14-24 in accordance with the standards of professional conduct and ethics
14-25 promulgated by the rules and regulations of the Board of Nurse
14-26 Examiners.
14-27 <(o) This Act does not prevent the use of the title
15-1 "Certified Hearing Aid Audiologist" by a person so certified by the
15-2 National Hearing Aid Association if the person is a licensed
15-3 hearing aid dispenser and uses the title solely in connection with
15-4 fitting and dispensing hearing aids and does not represent himself
15-5 to be a licensed audiologist under this Act.>
15-6 <(p) Nothing in this Act shall be construed as restricting
15-7 or preventing a licensed psychologist from engaging in the practice
15-8 of psychology within the scope of the activities permitted under
15-9 that license.>
15-10 SECTION 9. Chapter 381, Acts of the 68th Legislature,
15-11 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
15-12 Statutes), is amended by adding Section 9A to read as follows:
15-13 Sec. 9A. FITTING AND DISPENSING OF HEARING AIDS BY PERSONS
15-14 REGULATED UNDER THIS ACT. (a) A person licensed as a
15-15 speech-language pathologist under this Act may not fit, dispense,
15-16 or sell hearing aids unless the person meets the specific
15-17 requirements for fitting and dispensing hearing aids under this Act
15-18 or Chapter 366, Acts of the 61st Legislature, Regular Session, 1969
15-19 (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes), and its
15-20 subsequent amendments.
15-21 (b) A person who meets the requirements of this Act for
15-22 licensure as an audiologist or audiologist intern who fits and
15-23 dispenses hearing aids must:
15-24 (1) register with the board the person's intent to fit
15-25 and dispense hearing aids;
15-26 (2) adhere to the profession's code of ethics;
15-27 (3) comply with the federal Food and Drug
16-1 Administration guidelines required for fitting and dispensing
16-2 hearing aids;
16-3 (4) provide a written contract for services in this
16-4 state that contains the name, mailing address, and telephone number
16-5 of the board; and
16-6 (5) follow the guidelines adopted by board rule for a
16-7 30-day trial period on every hearing aid purchased.
16-8 (c) If audiometric testing is not conducted in a stationary
16-9 acoustical enclosure, sound level measurements must be conducted at
16-10 the time of the testing to ensure that ambient noise levels meet
16-11 permissible standards for testing threshold to 20 dB based on the
16-12 most recent American National Standards Institute "ears covered"
16-13 octave band criteria for permissible ambient noise levels during
16-14 audiometric testing. A dBa equivalent level may be used to
16-15 determine compliance. The board shall adopt rules necessary to
16-16 enforce this subsection.
16-17 (d) A licensed hearing aid fitter and dispenser or licensed
16-18 audiologist may not sell a hearing aid to a person under 18 years
16-19 of age unless the prospective user, parent, or guardian presents
16-20 the hearing aid fitter and dispenser or audiologist with a written
16-21 statement signed by a licensed physician who specializes in
16-22 diseases of the ear that states that the prospective user's hearing
16-23 loss has been medically evaluated during the six-month period
16-24 preceding the date the statement is presented and that the
16-25 prospective user may be considered a candidate for a hearing
16-26 instrument.
16-27 SECTION 10. Section 10, Chapter 381, Acts of the 68th
17-1 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
17-2 Civil Statutes), is amended to read as follows:
17-3 Sec. 10. Qualification of Applicants for License; INTERN
17-4 LICENSE. (a) To be eligible for licensing as a speech-language
17-5 pathologist or audiologist, an applicant must:
17-6 (1) possess a minimum of <at least> a master's degree
17-7 with a major in not less than one of the areas of communicative
17-8 sciences or disorders from a program accredited by the American
17-9 Speech-Language-Hearing Association in <speech-language pathology
17-10 or audiology from> an accredited or approved college or university;
17-11 (2) submit transcripts from one or more colleges or
17-12 universities showing successful completion of course work in
17-13 amounts set by the <committee with the approval of the> board in
17-14 the following areas:
17-15 (A) information about normal development and use
17-16 of speech, language, and hearing;
17-17 (B) information about evaluation, habilitation,
17-18 and rehabilitation of speech, language, and hearing disorders; and
17-19 (C) information pertaining to related fields
17-20 that augment the work of clinical practitioners of speech-language
17-21 pathology and audiology;
17-22 (3) have successfully completed at least 36 <30>
17-23 semester hours in courses that are acceptable toward a graduate
17-24 degree by the college or university in which they are taken, at
17-25 least 24 <21> of which are within the professional area for which
17-26 the license is requested and at least six of which are in audiology
17-27 for the applicant for a license in speech-language pathology
18-1 <license> or not less than six of which are in speech-language
18-2 pathology for the applicant for a license in audiology;
18-3 (4) have completed the <a> minimum number of <300
18-4 clock> hours established by the board of supervised clinical
18-5 experience with individuals who present a variety of communication
18-6 disorders. This<, and this> experience must have been obtained
18-7 within his or her educational <training> institution or in one of
18-8 its cooperating programs and under the supervision of a person
18-9 holding a valid license to practice speech-language pathology or
18-10 audiology<, provided during the first year of this Act, the
18-11 supervision may be under a person who would have met the
18-12 qualifications for a license under this Act>; and
18-13 (5) have obtained <the equivalent of nine months of>
18-14 full-time supervised professional experience as defined by board
18-15 rule in which bona fide clinical work has been accomplished in the
18-16 major professional area for which the license is being sought,
18-17 under the supervision of a qualified person acceptable to the board
18-18 <committee> pursuant to guidelines approved by the board. The
18-19 supervised professional <which> experience must have begun after
18-20 completion of the academic and clinical experience required by this
18-21 section.
18-22 (b) An applicant who has completed the requirements of
18-23 Subsections (a)(1)-(4) of this section may only be licensed as an
18-24 intern under this Act. An applicant who has successfully completed
18-25 all academic and clinical requirements of Subsections (a)(1)-(4) of
18-26 this section but who has not had the degree officially conferred on
18-27 the applicant may be licensed as an intern under this Act. The
19-1 board by rule shall prescribe the terms by which an applicant may
19-2 practice under an intern's license under this subsection. The
19-3 board by rule shall establish general guidelines and renewal
19-4 procedures for the holder of an intern license. An audiology
19-5 intern is exempt from Chapter 366, Acts of the 61st Legislature,
19-6 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
19-7 Civil Statutes), and its subsequent amendments.
19-8 SECTION 11. Section 11, Chapter 381, Acts of the 68th
19-9 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
19-10 Civil Statutes), is amended to read as follows:
19-11 Sec. 11. Application for License. Each person desiring a
19-12 license under this Act shall make application to the board
19-13 <committee> on a form and in the manner the board <committee>
19-14 prescribes. The application shall be accompanied by the
19-15 application fee which may not be refunded by the board <committee>.
19-16 SECTION 12. Section 12, Chapter 381, Acts of the 68th
19-17 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
19-18 Civil Statutes), is amended to read as follows:
19-19 Sec. 12. Examination. (a) Each applicant shall pass a
19-20 validated examination approved <be examined> by the board
19-21 <committee> and shall pay fees in a manner prescribed by the board
19-22 <to the committee, at least 30 days prior to the date of
19-23 examination, a nonrefundable examination fee prescribed by the
19-24 committee>. The examination shall be administered <given> at least
19-25 twice each year <at a time and place established by and under the
19-26 supervision of the committee>.
19-27 (b) The board by rule may establish procedures for the
20-1 administration of the examination. The board by rule <committee>
20-2 may require a <examine by> written or oral examination or <by>
20-3 both. The board <committee> shall maintain a record of all
20-4 examination scores for at least two years after the date of
20-5 examination.
20-6 (c) Standards for acceptable performance shall be determined
20-7 by the board <committee>.
20-8 (d) The board <committee> may examine in whatever
20-9 theoretical or applied fields of speech-language pathology or
20-10 audiology it deems appropriate. It may examine the candidates with
20-11 regard to their professional skills and their judgment in the
20-12 utilization of speech-language pathology or audiology techniques or
20-13 methods.
20-14 (e) Persons who fail the examination may be examined at a
20-15 subsequent time if they pay another nonrefundable examination fee.
20-16 No applicant who has taken and failed to pass two examinations may
20-17 take the examination until the person has submitted a new
20-18 application together with a nonrefundable application fee and
20-19 presented evidence acceptable to the board <committee> of
20-20 additional study in the area for which licensure is sought. A
20-21 person who fails a licensing examination administered under this
20-22 Act shall contact the testing service administering the examination
20-23 to request an analysis of the person's performance on the
20-24 examination.
20-25 (f) Not later than the 30th day after the date on which a
20-26 licensing examination is administered under this Act, the board
20-27 shall notify each examinee of the results of the examination.
21-1 However, if an examination is graded or reviewed by a national or
21-2 state testing service and the testing service does not directly
21-3 notify examinees of the results of the examination, the board shall
21-4 notify examinees of the results of the examination not later than
21-5 the 14th day after the date on which the board receives the results
21-6 from the testing service. If the notice of examination results
21-7 graded or reviewed by a national or state testing service will be
21-8 delayed for longer than 90 days after the examination date, the
21-9 board shall notify the examinee of the reason for the delay before
21-10 the 90th day. <The committee may waive the examination for
21-11 applicants who:>
21-12 <(1) present proof of current licensure in another
21-13 state, including the District of Columbia, or territory of the
21-14 United States which maintains professional standards considered by
21-15 the committee to be equivalent to those set forth in this Act; or>
21-16 <(2) hold the Certificate of Clinical Competence of
21-17 the American Speech-Language Hearing Association in the area for
21-18 which a license is being sought.>
21-19 SECTION 13. Section 13, Chapter 381, Acts of the 68th
21-20 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
21-21 Civil Statutes), is amended to read as follows:
21-22 Sec. 13. LICENSING UNDER SPECIAL CONDITIONS. (a) <The
21-23 committee on request must waive educational, professional
21-24 experience, and examination requirements for licensure in
21-25 speech-language pathology for applicants who hold a baccalaureate
21-26 or graduate degree, are fully certified by the Central Education
21-27 Agency in speech and hearing therapy or in the judgment of the
22-1 committee have met equivalent requirements, and within two years
22-2 prior to the effective date of this Act were engaged in the
22-3 practice of speech pathology on proof of bona fide practice of
22-4 speech pathology, presented to the committee in the manner
22-5 prescribed by the committee's rules, provided they file an
22-6 application for licensure with the committee or the board of health
22-7 before January 1, 1986. Such licenses shall be issued without
22-8 delay and shall be renewed in the same manner as licenses granted
22-9 under other provisions of this Act.>
22-10 <(b) The committee on request shall waive educational and
22-11 professional experience requirements for a license in audiology for
22-12 an applicant who, on the effective date of this Act, holds a
22-13 graduate degree from an accredited institution of higher education
22-14 with a major in speech-language pathology or audiology, and has
22-15 been continuously engaged in the practice of audiology for ten
22-16 years immediately preceding the effective date of this Act,
22-17 provided the applicant files an application for licensure with the
22-18 committee on or before January 1, 1986. Such an applicant must
22-19 pass the licensing examination under Section 12 of this Act not
22-20 later than August 31, 1986.>
22-21 <(c)> The board <committee> may <waive the examination and>
22-22 grant a provisional license <licensure> to an applicant who:
22-23 (1) possesses a license in good standing as a
22-24 speech-language pathologist or an audiologist in another state, the
22-25 District of Columbia, or a territory of the United States that has
22-26 licensing requirements that are substantially equivalent to the
22-27 requirements of this Act;
23-1 (2) has passed a national or other examination
23-2 relating to speech-language pathology or audiology that is
23-3 recognized by the board; and
23-4 (3) is sponsored by a person licensed by the board
23-5 under this Act with whom the provisional license holder may
23-6 practice under this section <presents proof of current licensure in
23-7 another state, including the District of Columbia, or territory of
23-8 the United States which maintains professional standards considered
23-9 by the committee to be equivalent to those set forth in this Act>.
23-10 (b) An applicant for a provisional license may be excused
23-11 from the requirement of Subsection (a)(3) of this section if the
23-12 board determines that compliance with that subsection constitutes a
23-13 hardship to the applicant.
23-14 (c) A provisional license is valid until the date the board
23-15 approves or denies the provisional license holder's application for
23-16 a license. The board shall issue a license under this Act to the
23-17 holder of a provisional license under this section if:
23-18 (1) the provisional license holder passes the
23-19 examination required by Section 12 of this Act;
23-20 (2) the board verifies that the provisional license
23-21 holder has the academic and experience requirements for a license
23-22 under this Act; and
23-23 (3) the provisional license holder satisfies any other
23-24 license requirements under this Act.
23-25 (d) The board must complete the processing of a provisional
23-26 license holder's application for a license not later than the 180th
23-27 day after the date the provisional license is issued.
24-1 (e) <(d)> The board <committee> may waive the examination
24-2 and grant licensure to an applicant who holds the Certificate of
24-3 Clinical Competence of the American Speech-Language Hearing
24-4 Association <or has met equivalent requirements in the area for
24-5 which a license is sought>.
24-6 SECTION 14. Sections 14(a), (c), and (d), Chapter 381, Acts
24-7 of the 68th Legislature, Regular Session, 1983 (Article 4512j,
24-8 Vernon's Texas Civil Statutes), are amended to read as follows:
24-9 (a) The board <committee> shall issue a license to an
24-10 applicant who meets the requirements of this Act and who pays to
24-11 the board <committee> the initial nonrefundable license fee.
24-12 (c) On receiving an application provided for under
24-13 Subsection (b) of this section accompanied by the nonrefundable
24-14 application fee, the board <committee> shall issue a temporary
24-15 certificate of registration which entitles the applicant to
24-16 practice audiology or speech-language pathology for a period ending
24-17 eight weeks after the conclusion of the next examination given
24-18 after the date of issue.
24-19 (d) The board by rule may adopt a system under which
24-20 licenses expire on various dates during the year. For the year in
24-21 which the license expiration date is changed, license fees payable
24-22 on the original expiration date shall be prorated on a monthly
24-23 basis so that each licensee shall pay only that portion of the
24-24 license fee that is allocable to the number of months during which
24-25 the license is valid. On renewal of the license on the new
24-26 expiration date, the total license renewal fee is payable <All
24-27 licenses expire and become invalid one year from the date of
25-1 issuance if not renewed>.
25-2 SECTION 15. Chapter 381, Acts of the 68th Legislature,
25-3 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
25-4 Statutes), is amended by adding Section 14A to read as follows:
25-5 Sec. 14A. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
25-6 board by rule may provide for the issuance of a temporary license.
25-7 (b) The board by rule may provide for a person who holds a
25-8 license under this Act to be placed on inactive status. Rules
25-9 adopted under this section shall include a time limit for a license
25-10 holder to remain on inactive status.
25-11 SECTION 16. Sections 15(a), (c), and (d), Chapter 381, Acts
25-12 of the 68th Legislature, Regular Session, 1983 (Article 4512j,
25-13 Vernon's Texas Civil Statutes), are amended to read as follows:
25-14 (a) Each licensed speech-language pathologist or audiologist
25-15 shall annually pay the nonrefundable renewal fee for a renewal of
25-16 his license. A 60-day grace period shall be allowed. After
25-17 expiration of the grace period, the board <committee> may renew
25-18 each license after payment of a penalty set by the rules. No
25-19 person who applies for renewal within two years after the date of
25-20 expiration of the license may be required to submit to an
25-21 examination as a condition to renewal. An application for a
25-22 license filed not later than the second anniversary of the
25-23 expiration date of the person's license is considered an
25-24 application for renewal.
25-25 (c) Renewal <Within three years of the effective date of
25-26 this Act, renewal> of a license is contingent on the applicant's
25-27 meeting uniform mandatory continuing education requirements that
26-1 shall be established by the board <committee>. These continuing
26-2 education requirements must be of such a nature that they can be
26-3 met without necessitating an extended absence from the licensee's
26-4 county of residence. <Notice of continuing education requirements
26-5 shall be sent to all persons licensed under this Act at least 12
26-6 months prior to the time that the person's license renewal is
26-7 dependent on completion of the requirements.> Continuing education
26-8 requirements shall be sent to new applicants with the forms on
26-9 which they are to apply for licensure. Notification or changes in
26-10 continuing education requirements shall be sent to persons licensed
26-11 under this Act at least one year prior to the date on which the new
26-12 requirements become effective.
26-13 (d) If a person's license has been expired for two years or
26-14 longer, the person may not renew the license. The person may
26-15 obtain a new license by complying with the requirements and
26-16 procedures for obtaining an original license. However, the board
26-17 may renew without reexamination an expired license of a person who
26-18 within the last three years was licensed in this state and is
26-19 currently licensed and has been in practice in another state for
26-20 the two years preceding application. An applicant who was licensed
26-21 in this state but whose license has been expired for more than
26-22 three years may reapply for a license by meeting the current
26-23 licensing requirements. The board may adopt rules concerning the
26-24 reinstatement of a license in a case of medical hardship. To
26-25 renew an expired license the person must pay to the board a fee
26-26 that is equal to the examination fee for the license. <A suspended
26-27 license is subject to expiration and may be renewed as provided in
27-1 this Act, but the renewal does not entitle the licensee, while the
27-2 license remains suspended and until it is reinstated, to engage in
27-3 the licensed activity or in any other activity or conduct in
27-4 violation of the order or judgment by which the license was
27-5 suspended. A license revoked on disciplinary grounds is subject to
27-6 expiration as provided in this Act, but it may not be renewed. If
27-7 it is reinstated after its expiration, the licensee as a condition
27-8 of reinstatement shall pay a reinstatement fee in an amount equal
27-9 to the renewal fee in effect on the last preceding regular renewal
27-10 date before the date on which it is reinstated, plus the
27-11 delinquency fee, if any, accrued at the time of the license
27-12 revocation.>
27-13 SECTION 17. Section 16, Chapter 381, Acts of the 68th
27-14 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
27-15 Civil Statutes), is amended to read as follows:
27-16 Sec. 16. Fees. <The amount of fees initially prescribed in
27-17 connection with a license as a speech-language pathologist or
27-18 audiologist may not exceed the following:>
27-19 <(1) application fee: $75>
27-20 <(2) examination fee: $50>
27-21 <(3) initial license fee: $75>
27-22 <(4) license renewal fee: $75>
27-23 <(5) delinquency fee: $50>
27-24 <(6) temporary license fee: $25>
27-25 <(7) duplicate license fee: $10>
27-26 The board <committee> by rule shall establish reasonable and
27-27 necessary fees. The<, and such> fees set by the board shall be
28-1 adjusted so that the total fees collected, in the aggregate, shall
28-2 be sufficient to meet the expenses of administering this Act <and
28-3 so that unnecessary surpluses in the fund provided for in Section
28-4 20 of this Act are avoided>.
28-5 SECTION 18. Section 17, Chapter 381, Acts of the 68th
28-6 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
28-7 Civil Statutes), is amended to read as follows:
28-8 Sec. 17. DENIAL, SUSPENSION, AND REVOCATION. (a) The board
28-9 <committee> may refuse to issue a license to an applicant or may
28-10 suspend or revoke the license of any licensee for any of the
28-11 following causes:
28-12 (1) obtaining a license by means of fraud,
28-13 misrepresentation, or concealment of material facts;
28-14 (2) selling, bartering, or offering to sell or barter
28-15 a license or certificate of registration;
28-16 (3) unprofessional conduct that has endangered or is
28-17 likely to endanger the health, welfare, or safety of the public as
28-18 defined by the rules established by the board <committee> or
28-19 violation of the code of ethics adopted and published by the board
28-20 <committee>;
28-21 (4) violating any lawful order or rule rendered or
28-22 adopted by the board <committee>; or
28-23 (5) violating any provisions of this Act.
28-24 (b) The board <committee> shall deny an application for or
28-25 suspend or revoke or impose probationary conditions on a license as
28-26 ordered by the board <committee> in any decision made after hearing
28-27 as provided in this Act. One year from the date of revocation of a
29-1 license under this Act, application may be made to the board
29-2 <committee> for reinstatement. The board <committee> shall have
29-3 discretion to accept or reject an application for reinstatement and
29-4 may require an examination for the reinstatement.
29-5 (c) A plea or verdict of guilty or a conviction following a
29-6 plea of nolo contendere made to a charge of a felony or of an
29-7 offense involving moral turpitude is deemed to be a conviction
29-8 within the meaning of this Act. At the direction of the board
29-9 <committee> the license may be suspended or revoked or the board
29-10 <committee> may decline to issue a license when the time for appeal
29-11 of the conviction has elapsed or the judgment or conviction has
29-12 been affirmed on appeal, or when an order granting probation is
29-13 made suspending the imposition of sentence irrespective of a
29-14 subsequent order allowing a person to withdraw his or her plea of
29-15 guilty, or setting aside the verdict of guilty, or dismissing the
29-16 information or indictment.
29-17 (d) In addition to the other disciplinary actions authorized
29-18 by this section, the board may issue a written reprimand to a
29-19 license holder who violates this Act or require that a license
29-20 holder who violates this Act attend continuing education programs.
29-21 The board may specify the number of hours that must be completed by
29-22 an individual license holder to fulfill the requirements of this
29-23 subsection.
29-24 (e) If a license suspension is probated, the board may
29-25 require the license holder to:
29-26 (1) report regularly to the board on matters that are
29-27 the basis of the probation;
30-1 (2) limit practice to the areas prescribed by the
30-2 board; or
30-3 (3) continue or review continuing professional
30-4 education until the license holder attains a degree of skill
30-5 satisfactory to the board in those areas that are the basis of the
30-6 probation.
30-7 (f) The schedule of sanctions adopted by the board by rule
30-8 shall be used for any sanction imposed as the result of a hearing
30-9 conducted by the board.
30-10 SECTION 19. Section 18(b), Chapter 381, Acts of the 68th
30-11 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
30-12 Civil Statutes), is amended to read as follows:
30-13 (b) If a person other than a licensed speech-language
30-14 pathologist or audiologist has engaged in any act or practice which
30-15 constitutes an offense under this Act, a district court of any
30-16 county on application of the board <committee> may issue an
30-17 injunction or other appropriate order restraining such conduct.
30-18 SECTION 20. Section 19, Chapter 381, Acts of the 68th
30-19 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
30-20 Civil Statutes), is amended to read as follows:
30-21 Sec. 19. Procedures for Denial, Revocation, or Suspension of
30-22 a License. (a) A person whose application for a license is denied
30-23 is entitled to a hearing before the board <committee> if such
30-24 person submits a written request to the board <committee>.
30-25 (b) Proceedings for revocation or suspension of a license
30-26 shall be commenced by filing charges with the board <committee> in
30-27 writing and under oath. The charges may be made by any person or
31-1 persons.
31-2 (c) <The chairperson of the committee shall fix a time and
31-3 place for a hearing and shall cause a written copy of the charges
31-4 or reason for denial of a license, together with a notice of the
31-5 time and place fixed for the hearing, to be served on the applicant
31-6 requesting the hearing or the licensee against whom the charges
31-7 have been filed at least 20 days prior to the date set for the
31-8 hearing. Service of charges and notice of hearing may be given by
31-9 certified mail to the last known address of the licensee or
31-10 applicant.>
31-11 <(d) At the hearing the applicant or licensee has the right
31-12 to appear either personally or by counsel or both, to produce
31-13 witnesses, to have subpoenas issued by the committee, and to
31-14 cross-examine opposing or adverse witnesses.>
31-15 <(e) The committee shall determine the charges on their
31-16 merits and enter an order in a permanent record setting forth the
31-17 findings of fact and law and the action taken. A copy of the order
31-18 of the committee shall be mailed to the applicant or licensee at
31-19 his or her last known address by certified mail.>
31-20 <(f) An individual whose application for a license has been
31-21 refused or whose license has been cancelled, revoked, or suspended
31-22 by the committee may take an appeal, within 20 days after the order
31-23 is entered, to any district court of Travis County or to any
31-24 district court of the county of his or her residence.>
31-25 <(g) In all appeals prosecuted in any of the courts of this
31-26 state pursuant to the provisions of this Act, such trials shall be
31-27 de novo as that term is used and understood in appeals from justice
32-1 of the peace courts. Under no circumstances shall the substantial
32-2 evidence rule as interpreted and applied by the courts in Texas in
32-3 other cases ever be used or applied to appeals prosecuted under the
32-4 provisions of this Act.>
32-5 <(h)> All proceedings under this Act shall conform to the
32-6 requirements of the Administrative Procedure and Texas Register
32-7 Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
32-8 Statutes), except as modified by this section.
32-9 SECTION 21. Section 20, Chapter 381, Acts of the 68th
32-10 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
32-11 Civil Statutes), is amended to read as follows:
32-12 Sec. 20. DISPOSITION OF FUNDS RECEIVED. (a) All funds
32-13 received by the board <committee> under this Act shall be deposited
32-14 in accordance with applicable state law in the State Treasury in a
32-15 separate fund to be known as the speech-language pathology and
32-16 audiology fund and be appropriated to the board <Texas Department
32-17 of Health> solely for administration of this Act.
32-18 (b) All <After August 31, 1984, all> expenses for the
32-19 administration of the Act shall be paid from fees collected by the
32-20 board <committee> under this Act.
32-21 <(c) There is hereby appropriated $80,000 to the
32-22 speech-language pathology and audiology fund for the implementation
32-23 of this Act, said funds coming from the General Revenue Fund for
32-24 the first year provided that the first $80,000 of application and
32-25 license fees shall be returned to the General Revenue Fund as they
32-26 are received.>
32-27 SECTION 22. Section 22, Chapter 381, Acts of the 68th
33-1 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
33-2 Civil Statutes), is amended to read as follows:
33-3 Sec. 22. SUNSET PROVISION. The State Board <Committee> of
33-4 Examiners for Speech-Language Pathology and Audiology is subject to
33-5 Chapter 325, Government Code (Texas Sunset Act). Unless continued
33-6 in existence as provided by that chapter, the board <committee> is
33-7 abolished and this Act expires September 1, 2005 <1993>.
33-8 SECTION 23. Chapter 381, Acts of the 68th Legislature,
33-9 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
33-10 Statutes), is amended by adding Section 23 to read as follows:
33-11 Sec. 23. COMPLAINT PROCEDURE IN GENERAL. (a) The board
33-12 shall keep an information file about each complaint filed with the
33-13 board. The board's information file shall be kept current and
33-14 contain a record for each complaint of:
33-15 (1) all persons contacted in relation to the
33-16 complaint;
33-17 (2) a summary of findings made at each step of the
33-18 complaint process;
33-19 (3) an explanation of the legal basis and reason for a
33-20 complaint that is dismissed; and
33-21 (4) other relevant information.
33-22 (b) If a written complaint is filed with the board that the
33-23 board has authority to resolve, the board, at least as frequently
33-24 as quarterly and until final disposition of the complaint, shall
33-25 notify the parties to the complaint of the status of the complaint
33-26 unless the notice would jeopardize an undercover investigation.
33-27 (c) The board by rule shall adopt a form to standardize
34-1 information concerning complaints made to the board. The board by
34-2 rule shall prescribe information to be provided to a person when
34-3 the person files a complaint with the board.
34-4 (d) The board shall provide reasonable assistance to a
34-5 person who wishes to file a complaint with the board.
34-6 (e) The board shall list along with its regular telephone
34-7 number the toll-free telephone number that may be called to present
34-8 a complaint about a health professional if the toll-free number is
34-9 established under other state law.
34-10 SECTION 24. Chapter 381, Acts of the 68th Legislature,
34-11 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
34-12 Statutes), is amended by adding Sections 24 and 25 to read as
34-13 follows:
34-14 Sec. 24. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
34-15 board shall adopt rules concerning the investigation of a complaint
34-16 filed with the board. The rules adopted under this subsection
34-17 shall:
34-18 (1) distinguish between categories of complaints;
34-19 (2) ensure that complaints are not dismissed without
34-20 appropriate consideration;
34-21 (3) require that the board be advised of a complaint
34-22 that is dismissed and that a letter be sent to the person who filed
34-23 the complaint explaining the action taken on the dismissed
34-24 complaint;
34-25 (4) ensure that the person who filed the complaint has
34-26 an opportunity to explain the allegations made in the complaint;
34-27 and
35-1 (5) prescribe guidelines concerning the categories of
35-2 complaints that require the use of a private investigator and the
35-3 procedures for the board to obtain the services of a private
35-4 investigator.
35-5 (b) The board shall dispose of all complaints in a timely
35-6 manner. The board shall establish a schedule for conducting each
35-7 phase of a complaint that is under the control of the board not
35-8 later than the 30th day after the date the complaint is received by
35-9 the board. The schedule shall be kept in the information file for
35-10 the complaint and all parties shall be notified of the projected
35-11 time requirements for pursuing the complaint. A change in the
35-12 schedule must be noted in the complaint information file and all
35-13 parties to the complaint must be notified not later than the
35-14 seventh day after the date the change is made.
35-15 (c) The director of the board shall notify the board of a
35-16 complaint that extends beyond the time prescribed by the board for
35-17 resolving the complaint so that the board may take necessary action
35-18 on the complaint.
35-19 Sec. 25. INFORMAL PROCEEDINGS. (a) The board by rule shall
35-20 adopt procedures governing:
35-21 (1) informal disposition of a contested case under
35-22 Section 13(e), Administrative Procedure and Texas Register Act
35-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-24 subsequent amendments; and
35-25 (2) informal proceedings held in compliance with
35-26 Section 18(c), Administrative Procedure and Texas Register Act
35-27 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
36-1 subsequent amendments.
36-2 (b) Rules adopted under this section must:
36-3 (1) provide the complainant, if applicable and
36-4 permitted by law, an opportunity to be heard;
36-5 (2) provide the licensee an opportunity to be heard;
36-6 and
36-7 (3) require the presence of an attorney to advise the
36-8 board or board's employees.
36-9 (c) The attorney under Subsection (b)(3) of this section
36-10 must be either a legal representative of the department who
36-11 represents the board or the board's employees or a representative
36-12 of the office of the attorney general.
36-13 SECTION 25. Chapter 381, Acts of the 68th Legislature,
36-14 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
36-15 Statutes), is amended by adding Section 26 to read as follows:
36-16 Sec. 26. MONITORING OF LICENSE HOLDER. The board by rule
36-17 shall develop a system for monitoring license holders' compliance
36-18 with the requirements of this Act. Rules adopted under this
36-19 section shall include procedures for monitoring a license holder
36-20 who is ordered by the board to perform certain acts to ascertain
36-21 that the license holder performs the required acts and to identify
36-22 and monitor license holders who represent a risk to the public.
36-23 SECTION 26. Section 21, Chapter 381, Acts of the 68th
36-24 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
36-25 Civil Statutes), is repealed.
36-26 SECTION 27. This Act takes effect September 1, 1993.
36-27 SECTION 28. The importance of this legislation and the
37-1 crowded condition of the calendars in both houses create an
37-2 emergency and an imperative public necessity that the
37-3 constitutional rule requiring bills to be read on three several
37-4 days in each house be suspended, and this rule is hereby suspended.