By:  Cain                                             H.B. No. 1478
       73R4040 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the fitting and dispensing of hearing
    1-3  aids and speech-language pathology and audiology and to the
    1-4  creation of a new state board to replace the State Committee of
    1-5  Examiners for Speech Pathology and Audiology and the Texas Board of
    1-6  Examiners in the Fitting and Dispensing of Hearing Aids.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8               ARTICLE 1.  BOARD OF EXAMINERS FOR SPEECH
    1-9                       AND HEARING PROFESSIONALS
   1-10        SECTION 1.01.  Title 71, Revised Statutes, is amended by
   1-11  adding Article 4566a to read as follows:
   1-12        Art. 4566a.  BOARD OF EXAMINERS FOR SPEECH AND HEARING
   1-13  PROFESSIONALS
   1-14        Sec. 1.  BOARD OF EXAMINERS FOR SPEECH AND HEARING
   1-15  PROFESSIONALS.  (a)  The Board of Examiners for Speech and Hearing
   1-16  Professionals consists of:
   1-17              (1)  two members licensed as hearing aid fitters and
   1-18  dispensers who are not licensed as audiologists or speech-language
   1-19  pathologists;
   1-20              (2)  two members licensed as audiologists;
   1-21              (3)  two members licensed as speech-language
   1-22  pathologists; and
   1-23              (4)  three members who represent the public.
   1-24        (b)  Members of the board are appointed by the governor with
    2-1  the advice and consent of the senate.
    2-2        (c)  Appointments to the board shall be made without regard
    2-3  to the race, color, disability, sex, religion, age, or national
    2-4  origin of the appointees.
    2-5        Sec. 2.  OFFICERS; MEETINGS; COMPENSATION.  (a)  The board
    2-6  annually shall select a presiding officer, assistant presiding
    2-7  officer, and secretary-treasurer.
    2-8        (b)  The board shall hold at least two regular meetings each
    2-9  year at which time an examination for a license under a law
   2-10  administered by the board shall be offered.  Additional meetings
   2-11  may be held on the call of the presiding officer or at the written
   2-12  request of three members of the board.
   2-13        (c)  A member of the board is entitled to a per diem as set
   2-14  by the General Appropriations Act for each day that the member
   2-15  engages in the business of the board.  A member may not receive any
   2-16  compensation for travel expenses, including expenses for meals and
   2-17  lodging, other than transportation expenses as provided by the
   2-18  General Appropriations Act.
   2-19        Sec. 3.  TERMS.  (a)  Members of the board are appointed for
   2-20  staggered six-year terms, with three members' terms expiring on
   2-21  February 1 of each odd-numbered year.
   2-22        (b)  A member appointed to fill a vacancy shall hold office
   2-23  for the remainder of that term.
   2-24        Sec. 4.  PUBLIC MEMBERSHIP RESTRICTION.  A person is not
   2-25  eligible for appointment as a public member of the board if the
   2-26  person or the person's spouse:
   2-27              (1)  is registered, certified, or licensed by an
    3-1  occupational regulatory agency in the field of health services;
    3-2              (2)  is employed by or participates in the management
    3-3  of a business entity or other organization regulated by the board
    3-4  or receiving funds from the board;
    3-5              (3)  owns or controls, directly or indirectly, more
    3-6  than 10 percent interest in a business entity or other organization
    3-7  regulated by the board or receiving funds from the board; or
    3-8              (4)  uses or receives a substantial amount of tangible
    3-9  goods, services, or funds from the board, other than compensation
   3-10  or reimbursement authorized by law for board membership,
   3-11  attendance, or expenses.
   3-12        Sec. 5.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An officer,
   3-13  employee, or paid consultant of a Texas trade association in the
   3-14  field of health services may not be a member or employee of the
   3-15  board who is exempt from the state's position classification plan
   3-16  or is compensated at or above the amount prescribed by the General
   3-17  Appropriations Act for step 1, salary group 17, of the position
   3-18  classification salary schedule.
   3-19        (b)  A person who is the spouse of an officer, manager, or
   3-20  paid consultant of a Texas trade association in the field of health
   3-21  services may not be a board member and may not be an employee of
   3-22  the board who is exempt from the state's position classification
   3-23  plan or is compensated at or above the amount prescribed by the
   3-24  General Appropriations Act for step 1, salary group 17, of the
   3-25  position classification salary schedule.
   3-26        (c)  For the purposes of this section, a Texas trade
   3-27  association is a nonprofit, cooperative, and voluntarily joined
    4-1  association of business or professional competitors in this state
    4-2  designed to assist its members and its industry or profession in
    4-3  dealing with mutual business or professional problems and in
    4-4  promoting their common interest.
    4-5        Sec. 6.  EFFECT OF LOBBYING ACTIVITY.  A person may not serve
    4-6  as a member of the board or act as the general counsel to the board
    4-7  if the person is required to register as a lobbyist under Chapter
    4-8  305, Government Code, and its subsequent amendments, because of the
    4-9  person's activities for compensation on behalf of a profession
   4-10  related to the operation of the board.
   4-11        Sec. 7.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a ground
   4-12  for removal from the board if a member:
   4-13              (1)  does not have at the time of appointment the
   4-14  qualifications required by Section 1 of this article;
   4-15              (2)  does not maintain during service on the board the
   4-16  qualifications required by Section 1 of this article;
   4-17              (3)  violates a prohibition established by Section 4,
   4-18  5, or 6 of this article;
   4-19              (4)  cannot discharge the member's term for a
   4-20  substantial part of the term for which the member is appointed
   4-21  because of illness or disability; or
   4-22              (5)  is absent from more than half of the regularly
   4-23  scheduled board meetings that the member is eligible to attend
   4-24  during a calendar year unless the absence is excused by majority
   4-25  vote of the board.
   4-26        (b)  The validity of an action of the board is not affected
   4-27  by the fact that it is taken when a ground for removal of a board
    5-1  member exists.
    5-2        (c)  If the director has knowledge that a potential ground
    5-3  for removal exists, the director shall notify the presiding officer
    5-4  of the board of the ground.  The presiding officer shall then
    5-5  notify the governor that a potential ground for removal exists.
    5-6        Sec. 8.  STAFF.  (a)  The board shall employ a director and
    5-7  administrative and clerical employees as necessary to carry out the
    5-8  board's functions.
    5-9        (b)  The board shall develop and implement policies that
   5-10  clearly define the respective responsibilities of the board and the
   5-11  staff of the board.
   5-12        Sec. 9.  REGULATORY STATUTES ADMINISTERED.  The board shall
   5-13  administer and enforce:
   5-14              (1)  the speech-language and pathology law under
   5-15  Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
   5-16  (Article 4512j, Vernon's Texas Civil Statutes), and its subsequent
   5-17  amendments; and
   5-18              (2)  the law relating to the fitting and dispensing of
   5-19  hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
   5-20  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
   5-21  Statutes), and its subsequent amendments.
   5-22        Sec. 10.  SEPARATE LICENSES.  (a)  The board shall issue
   5-23  separate licenses for a hearing aid fitter and dispenser, an
   5-24  audiologist, and a speech-language pathologist.
   5-25        (b)  The board may issue more than one type of license to a
   5-26  person under a law regulated by the board if the person is
   5-27  qualified to hold each of the licenses issued.  The board shall
    6-1  adopt rules relating to the issuance of multiple licenses to a
    6-2  person under laws administered by the board.
    6-3        Sec. 11.  RULES.  (a)  The board may only adopt rules
    6-4  proposed to the board by a rules subcommittee established under
    6-5  Section 12 of this article.  This provision controls
    6-6  notwithstanding any conflicting provision of the speech-language
    6-7  and pathology law under Chapter 381, Acts of the 68th Legislature,
    6-8  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
    6-9  Statutes), or the law relating to the fitting and dispensing of
   6-10  hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
   6-11  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
   6-12  Statutes).
   6-13        (b)  If the board does not approve a rule proposed by a rules
   6-14  subcommittee, the board shall indicate to the subcommittee the
   6-15  reasons that the board did not approve the rule and return the rule
   6-16  to the subcommittee for further development.
   6-17        Sec. 12.  RULES SUBCOMMITTEES.  (a)  Three rules
   6-18  subcommittees, each consisting of three members of the board, are
   6-19  established as follows:
   6-20              (1)  a rules subcommittee relating to the fitting and
   6-21  dispensing of hearing aids consisting of the two board members who
   6-22  are fitters and dispensers of hearing aids and one member who
   6-23  represents the public;
   6-24              (2)  a rules subcommittee relating to audiology
   6-25  consisting of the two audiologist members and one member who
   6-26  represents the public; and
   6-27              (3)  a rules subcommittee relating to speech-language
    7-1  pathology consisting of the two speech-language pathologist members
    7-2  and one member who represents the public.
    7-3        (b)  A member of the board may not serve on more than one
    7-4  rules subcommittee.
    7-5        (c)  The presiding officer of the board shall designate the
    7-6  public members of each rules subcommittee.
    7-7        (d)  A rules subcommittee shall develop and recommend to the
    7-8  board for approval rules that regulate the profession to which the
    7-9  subcommittee relates.  A rules subcommittee periodically shall
   7-10  review board rules relating to the profession to which the
   7-11  subcommittee relates and shall recommend changes in those rules to
   7-12  the board.  The authority of a rules subcommittee is not affected
   7-13  by Section 5(f), Administrative Procedure and Texas Register Act
   7-14  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   7-15  subsequent amendments.
   7-16        Sec. 13.  EXPENDITURES; AUDIT.  (a)  The board may authorize,
   7-17  from funds appropriated to it, all necessary disbursements to carry
   7-18  out:
   7-19              (1)  this article;
   7-20              (2)  the speech-language and pathology law, Chapter
   7-21  381, Acts of the 68th Legislature, Regular Session, 1983 (Article
   7-22  4512j, Vernon's Texas Civil Statutes), and its subsequent
   7-23  amendments; and
   7-24              (3)  the law relating to the fitting and dispensing of
   7-25  hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
   7-26  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
   7-27  Statutes), and its subsequent amendments.
    8-1        (b)  The financial transactions of the board are subject to
    8-2  audit by the state auditor in accordance with Chapter 321,
    8-3  Government Code, and its subsequent amendments.
    8-4        Sec. 14.  ANNUAL FINANCIAL REPORT.  The board shall file
    8-5  annually with the governor and the presiding officer of each house
    8-6  of the legislature a complete and detailed written report
    8-7  accounting for all funds received and disbursed by the board during
    8-8  the preceding fiscal year.  The annual report must be in the form
    8-9  and reported in the time provided by the General Appropriations
   8-10  Act.
   8-11        Sec. 15.  PERSONNEL POLICIES.  (a)  The director or the
   8-12  director's designee shall develop an intra-agency career ladder
   8-13  program.  The program shall require intra-agency posting of all
   8-14  nonentry level positions concurrently with any public posting.
   8-15        (b)  The director or the director's designee shall develop a
   8-16  system of annual performance evaluations based on measurable job
   8-17  tasks.  All merit pay for board employees must be based on the
   8-18  system established under this subsection.
   8-19        Sec. 16.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   8-20  director or the director's designee shall prepare and maintain a
   8-21  written policy statement to assure implementation of a program of
   8-22  equal employment opportunity under which all personnel transactions
   8-23  are made without regard to race, color, disability, sex, religion,
   8-24  age, or national origin.  The policy statement must include:
   8-25              (1)  personnel policies, including policies relating to
   8-26  recruitment, evaluation, selection, application, training, and
   8-27  promotion of personnel that are in compliance with the Commission
    9-1  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
    9-2  and its subsequent amendments;
    9-3              (2)  a comprehensive analysis of the board workforce
    9-4  that meets federal and state guidelines;
    9-5              (3)  procedures by which a determination can be made of
    9-6  significant underuse in the board workforce of all persons for whom
    9-7  federal or state guidelines encourage a more equitable balance; and
    9-8              (4)  reasonable methods to appropriately address those
    9-9  areas of underuse.
   9-10        (b)  A policy statement prepared under Subsection (a) of this
   9-11  section must cover an annual period, be updated annually, be
   9-12  reviewed by the Commission on Human Rights for compliance with
   9-13  Subsection (a)(1) of this section, and be filed with the governor's
   9-14  office.
   9-15        (c)  The governor's office shall deliver a biennial report to
   9-16  the legislature based on the information received under Subsection
   9-17  (b)  of this section.  The report may be made separately or as part
   9-18  of other biennial reports to the legislature.
   9-19        Sec. 17.  PUBLIC INTEREST INFORMATION.  (a)  The board shall
   9-20  prepare information of public interest describing the functions of
   9-21  the board and the board's procedures by which complaints are filed
   9-22  with and resolved by the board.  The board shall make the
   9-23  information available to the public and appropriate state agencies.
   9-24        (b)  The board by rule shall establish methods by which
   9-25  consumers and service recipients are notified of the name, mailing
   9-26  address, and telephone number of the board for the purpose of
   9-27  directing complaints to the board.  The board may provide for that
   10-1  notification:
   10-2              (1)  on each registration form, application, or written
   10-3  contract for services of an individual or entity regulated by the
   10-4  board;
   10-5              (2)  on a sign prominently displayed in the place of
   10-6  business of each individual or entity regulated by the board; or
   10-7              (3)  in a bill for service provided by an individual or
   10-8  entity regulated by the board.
   10-9        (c)  The board shall list along with its regular telephone
  10-10  number the toll-free telephone number that may be called to present
  10-11  a complaint about a health professional if the toll-free number is
  10-12  established under other state law.
  10-13        Sec. 18.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
  10-14  shall develop and implement policies that provide the public with a
  10-15  reasonable opportunity to appear before the board and to speak on
  10-16  any issue under the jurisdiction of the board.
  10-17        Sec. 19.  PROGRAM ACCESSIBILITY.  The board shall prepare and
  10-18  maintain a written plan that describes how a person who does not
  10-19  speak English can be provided reasonable access to the board's
  10-20  programs.  The board shall also comply with federal and state laws
  10-21  for program and facility accessibility.
  10-22        Sec. 20.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  (a)
  10-23  Each board member shall comply with the board member training
  10-24  requirements established by any other state agency that is given
  10-25  authority to establish the requirements for the board.
  10-26        (b)  The board shall provide to its members and employees, as
  10-27  often as necessary, information regarding their qualifications for
   11-1  office or employment under this article and their responsibilities
   11-2  under applicable laws relating to standards of conduct for state
   11-3  officers or employees.
   11-4        Sec. 21.  OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.  The
   11-5  board is subject to:
   11-6              (1)  the open meetings law, Chapter 271, Acts of the
   11-7  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   11-8  Texas Civil Statutes), and its subsequent amendments; and
   11-9              (2)  the Administrative Procedure and Texas Register
  11-10  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
  11-11  subsequent amendments.
  11-12        Sec. 22.  SUNSET PROVISION.  The Board of Examiners for
  11-13  Speech and Hearing Professionals is subject to Chapter 325,
  11-14  Government Code (Texas Sunset Act), and its subsequent amendments.
  11-15  Unless continued in existence as provided by that chapter, the
  11-16  board is abolished and the following laws expire September 1, 2005:
  11-17              (1)  this article;
  11-18              (2)  the speech-language and pathology law, Chapter
  11-19  381, Acts of the 68th Legislature, Regular Session, 1983 (Article
  11-20  4512j, Vernon's Texas Civil Statutes); and
  11-21              (3)  the law relating to the fitting and dispensing of
  11-22  hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
  11-23  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
  11-24  Statutes).
  11-25       ARTICLE 2.  SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
  11-26        SECTION 2.01.  Section 2, Chapter 381, Acts of the 68th
  11-27  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
   12-1  Civil Statutes), is amended to read as follows:
   12-2        Sec. 2.  DEFINITIONS.  In this Act:
   12-3              (1)  "Board" means the <Texas> Board of Examiners for
   12-4  Speech and Hearing Professionals <Health>.
   12-5              (2)  <"Committee" means the State Committee of
   12-6  Examiners for Speech-Language Pathology and Audiology.>
   12-7              <(3)  "Department" means the Texas Department of
   12-8  Health.>
   12-9              <(4)>  "Person" means an individual, corporation,
  12-10  partnership, or other legal entity.
  12-11              (3) <(5)>  "Speech-language pathologist" means an
  12-12  individual who practices speech-language pathology, who makes a
  12-13  nonmedical evaluation, who examines, counsels, or provides
  12-14  habilitative or rehabilitative services for persons who have or are
  12-15  suspected of having speech, voice, or language disorders, and who
  12-16  meets the qualifications set forth in this Act.
  12-17              (4) <(6)>  "The practice of speech-language pathology"
  12-18  means the application of nonmedical principles, methods, and
  12-19  procedures for the measurement, testing, evaluation, prediction,
  12-20  counseling, habilitation, rehabilitation, or instruction related to
  12-21  the development and disorders of speech, voice, or language for the
  12-22  purpose of rendering or offering to render an evaluation,
  12-23  prevention, or modification of these disorders and conditions in
  12-24  individuals or groups of individuals.  Speech-language pathologists
  12-25  may perform the basic audiometric screening tests and hearing
  12-26  therapy procedures consistent with their training.
  12-27              (5) <(7)>  "Audiologist" means a person who practices
   13-1  audiology, who makes a nonmedical evaluation, who examines,
   13-2  counsels, or provides habilitative or rehabilitative services for
   13-3  persons who have or are suspected of having a hearing disorder, and
   13-4  who meets the qualifications set forth in this Act.
   13-5              (6) <(8)>  "The practice of audiology" means the
   13-6  application of nonmedical principles, methods, and procedures for
   13-7  the measurement, testing, appraisal, prediction, consultation,
   13-8  counseling, habilitation, rehabilitation, or instruction related to
   13-9  hearing and disorders of hearing and for the purpose of rendering
  13-10  or offering to render services modifying communicative disorders
  13-11  involving speech, language, auditory function, or other aberrant
  13-12  behavior relating to hearing loss.  An audiologist may engage in
  13-13  any tasks, procedures, acts, or practices that are necessary (A)
  13-14  for the evaluation of hearing; (B) for training in the use of
  13-15  amplification including hearing aids; or (C) for the making of
  13-16  earmolds for hearing aids.  An audiologist may participate in
  13-17  consultation regarding noise control and hearing conservation, may
  13-18  provide evaluations of environment or equipment including
  13-19  calibration of equipment used in testing auditory functioning and
  13-20  hearing conservation, and may perform the basic speech and language
  13-21  screening tests and procedures consistent with his or her training.
  13-22              (7) <(9)>  "Speech-language pathology aide" means a
  13-23  person who meets minimum qualifications which the board <committee>
  13-24  may establish for speech-language pathology aides and who works
  13-25  under the direction of a licensed speech-language pathologist.  The
  13-26  qualifications for licensure as a speech-language pathology aide
  13-27  shall be uniform and shall be less than those established by this
   14-1  Act as necessary for licensure as a speech-language pathologist.
   14-2              (8) <(10)>  "Audiology aide" means a person who meets
   14-3  minimum qualifications which the board <committee> may establish
   14-4  for audiology aides and who works under the direction of a licensed
   14-5  audiologist.  The qualifications for licensure as an audiology aide
   14-6  shall be uniform and shall be less than those established by this
   14-7  Act as necessary for licensure as an audiologist.
   14-8        SECTION 2.02.  Section 5, Chapter 381, Acts of the 68th
   14-9  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  14-10  Civil Statutes), is amended to read as follows:
  14-11        Sec. 5.  DUTIES AND POWERS OF THE BOARD <COMMITTEE>.  (a)
  14-12  The board <Subject to the approval of the board, the committee>
  14-13  shall adopt rules necessary to administer and enforce this Act,
  14-14  including rules that establish standards of ethical practice.
  14-15        (b)  The board <With the assistance of the department, the
  14-16  committee> shall administer, coordinate, and enforce the provisions
  14-17  of this Act; evaluate the qualifications of applicants; provide for
  14-18  the examination of applicants; and issue subpoenas, examine
  14-19  witnesses, and administer oaths under the laws of the State of
  14-20  Texas.
  14-21        (c)  The board <With the assistance of the department and in
  14-22  accordance with the Administrative Procedure and Texas Register
  14-23  Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes),
  14-24  the committee> shall <conduct hearings and> keep records and
  14-25  minutes necessary to the orderly administration of this Act.
  14-26        (d)  The board <The committee with the aid of the department>
  14-27  shall investigate persons engaging in practices that violate the
   15-1  provisions of this Act.
   15-2        (e)  A person who holds a license to practice speech-language
   15-3  pathology or audiology in this state is governed and controlled by
   15-4  the rules adopted by the <committee and approved by the> board <of
   15-5  health>.
   15-6        (f)  The conferral or enumeration of specific powers
   15-7  elsewhere in this Act shall not be construed as a limitation of the
   15-8  general powers conferred by this section.
   15-9        <(g)  The committee shall be represented by the attorney
  15-10  general and the district and county attorneys of this state.>
  15-11        <(h)  The committee may appoint subcommittees to work under
  15-12  its jurisdiction, subject to the approval of the board.>
  15-13        SECTION 2.03.  Sections 9(b) and (l), Chapter 381, Acts of
  15-14  the 68th Legislature, Regular Session, 1983 (Article 4512j,
  15-15  Vernon's Texas Civil Statutes), are amended to read as follows:
  15-16        (b)  This Act does not prevent or restrict the activities and
  15-17  services and the use of an official title by persons holding a
  15-18  valid and current certification in speech and hearing therapy from
  15-19  the Central Education Agency if those persons perform
  15-20  speech-language pathology or audiology services solely as a part of
  15-21  their duties within an agency, institution, or organization under
  15-22  the jurisdiction of the Central Education Agency.  If persons
  15-23  affected by this subsection perform work as a speech-language
  15-24  pathologist or audiologist apart from their positions within an
  15-25  agency, institution, or organization of the Central Education
  15-26  Agency, they must have a license issued by the board <committee>,
  15-27  except that a person affected by this subsection may perform speech
   16-1  and hearing screening procedures without compensation without
   16-2  having a license issued by the board <committee>.
   16-3        (l)  This Act does not prevent or restrict a person licensed
   16-4  by the board <Texas Board of Examiners in the Fitting and
   16-5  Dispensing of Hearing Aids> from engaging in the practice of
   16-6  fitting and dispensing hearing aids.
   16-7        SECTION 2.04.  Section 10, Chapter 381, Acts of the 68th
   16-8  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
   16-9  Civil Statutes), is amended to read as follows:
  16-10        Sec. 10.  Qualification of Applicants for License; INTERN
  16-11  LICENSE.  (a)  To be eligible for licensing as a speech-language
  16-12  pathologist or audiologist, an applicant must:
  16-13              (1)  possess at least a master's degree with a major in
  16-14  speech-language pathology or audiology from an accredited or
  16-15  approved college or university;
  16-16              (2)  submit transcripts from one or more colleges or
  16-17  universities showing successful completion of course work in
  16-18  amounts set by the <committee with the approval of the> board in
  16-19  the following areas:
  16-20                    (A)  information about normal development and use
  16-21  of speech, language, and hearing;
  16-22                    (B)  information about evaluation, habilitation,
  16-23  and rehabilitation of speech, language, and hearing disorders; and
  16-24                    (C)  information pertaining to related fields
  16-25  that augment the work of clinical practitioners of speech-language
  16-26  pathology and audiology;
  16-27              (3)  have successfully completed at least 30 semester
   17-1  hours in courses that are acceptable toward a graduate degree by
   17-2  the college or university in which they are taken, at least 21 of
   17-3  which are within the professional area for which the license is
   17-4  requested and at least six of which are in audiology for the
   17-5  applicant for a speech-language pathology license or in
   17-6  speech-language pathology for the applicant for a license in
   17-7  audiology;
   17-8              (4)  have completed a minimum of 300 clock hours of
   17-9  supervised clinical experience with individuals who present a
  17-10  variety of communication disorders, and this experience must have
  17-11  been obtained within his or her training institution or in one of
  17-12  its cooperating programs and under the supervision of a person
  17-13  holding a valid license to practice speech-language pathology or
  17-14  audiology, provided during the first year of this Act, the
  17-15  supervision may be under a person who would have met the
  17-16  qualifications for a license under this Act; and
  17-17              (5)  have obtained the equivalent of nine months of
  17-18  full-time supervised professional experience in which bona fide
  17-19  clinical work has been accomplished in the major professional area
  17-20  for which the license is being sought, under the supervision of a
  17-21  qualified person acceptable to the board <committee> pursuant to
  17-22  guidelines approved by the board which experience must have begun
  17-23  after completion of the academic and clinical experience required
  17-24  by this section.
  17-25        (b)  An applicant who has completed the requirements for a
  17-26  master's degree required for a license under this Act but who has
  17-27  not had the degree officially conferred on the applicant may be
   18-1  licensed as an intern under this Act if the applicant meets all
   18-2  other requirements of Subsection (a) of this section.  The board by
   18-3  rule shall prescribe the terms by which an applicant may practice
   18-4  under an intern's license under this subsection.
   18-5        SECTION 2.05.  Section 11, Chapter 381, Acts of the 68th
   18-6  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
   18-7  Civil Statutes), is amended to read as follows:
   18-8        Sec. 11.  Application for License.  Each person desiring a
   18-9  license under this Act shall make application to the board
  18-10  <committee> on a form and in the manner the board <committee>
  18-11  prescribes.  The application shall be accompanied by the
  18-12  application fee which may not be refunded by the board <committee>.
  18-13        SECTION 2.06.  Section 12, Chapter 381, Acts of the 68th
  18-14  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  18-15  Civil Statutes), is amended to read as follows:
  18-16        Sec. 12.  Examination.  (a)  Each applicant shall be examined
  18-17  by the board <committee> and shall pay to the board <committee>, at
  18-18  least 30 days prior to the date of examination, a nonrefundable
  18-19  examination fee prescribed by the board <committee>.  The
  18-20  examination shall be given at least twice each year at a time and
  18-21  place established by and under the supervision of the board
  18-22  <committee>.
  18-23        (b)  The board by rule may establish procedures for the
  18-24  administration of the examination.  The board <committee> may
  18-25  examine by written or oral examination or by both.  The board shall
  18-26  have the written portion of the examination, if any, validated by
  18-27  an independent testing professional.  The board <committee> shall
   19-1  maintain a record of all examination scores for at least two years
   19-2  after the date of examination.
   19-3        (c)  Standards for acceptable performance shall be determined
   19-4  by the board <committee>.
   19-5        (d)  The board <committee> may examine in whatever
   19-6  theoretical or applied fields of speech-language pathology or
   19-7  audiology it deems appropriate.  It may examine the candidates with
   19-8  regard to their professional skills and their judgment in the
   19-9  utilization of speech-language pathology or audiology techniques or
  19-10  methods.
  19-11        (e)  Persons who fail the examination may be examined at a
  19-12  subsequent time if they pay another nonrefundable examination fee.
  19-13  No applicant who has taken and failed to pass two examinations may
  19-14  take the examination until the person has submitted a new
  19-15  application together with a nonrefundable application fee and
  19-16  presented evidence to the board <committee> of additional study in
  19-17  the area for which licensure is sought.  If requested in writing by
  19-18  a person who fails a licensing examination administered under this
  19-19  Act, the board shall furnish the person with an analysis of the
  19-20  person's performance on the examination.
  19-21        (f)  Not later than the 30th day after the date on which a
  19-22  licensing examination is administered under this Act, the board
  19-23  shall notify each examinee of the results of the examination.
  19-24  However, if an examination is graded or reviewed by a national
  19-25  testing service, the board shall notify examinees of the results of
  19-26  the examination not later than the 14th day after the date on which
  19-27  the board receives the results from the testing service.  If the
   20-1  notice of examination results graded or reviewed by a national
   20-2  testing service will be delayed for longer than 90 days after the
   20-3  examination date, the board shall notify the examinee of the reason
   20-4  for the delay before the 90th day.  <The committee may waive the
   20-5  examination for applicants who:>
   20-6              <(1)  present proof of current licensure in another
   20-7  state, including the District of Columbia, or territory of the
   20-8  United States which maintains professional standards considered by
   20-9  the committee to be equivalent to those set forth in this Act; or>
  20-10              <(2)  hold the Certificate of Clinical Competence of
  20-11  the American Speech-Language Hearing Association in the area for
  20-12  which a license is being sought.>
  20-13        SECTION 2.07.  The heading of Section 13, Chapter 381, Acts
  20-14  of the 68th Legislature, Regular Session, 1983 (Article 4512j,
  20-15  Vernon's Texas Civil Statutes), is amended to read as follows:
  20-16        Sec. 13.  PRIOR LICENSING UNDER SPECIAL CONDITIONS.
  20-17        SECTION 2.08.  Sections 13(a) and (b), Chapter 381, Acts of
  20-18  the 68th Legislature, Regular Session, 1983 (Article 4512j,
  20-19  Vernon's Texas Civil Statutes), are amended to read as follows:
  20-20        (a)  On <The committee on> request the <must waive>
  20-21  educational, professional experience, and examination requirements
  20-22  for licensure in speech-language pathology were waived for
  20-23  applicants who held <hold> a baccalaureate or graduate degree, were
  20-24  <are> fully certified by the Central Education Agency in speech and
  20-25  hearing therapy or <in the judgment of the committee have> met
  20-26  equivalent requirements, and within two years prior to the
  20-27  effective date of this Act were engaged in the practice of speech
   21-1  pathology on proof of bona fide practice of speech pathology,
   21-2  presented <to the committee> in the manner prescribed by rule <the
   21-3  committee's rules>, provided they filed <file> an application for
   21-4  licensure <with the committee or the board of health> before
   21-5  January 1, 1986.  Such licenses <shall be issued without delay and>
   21-6  shall be renewed in the same manner as licenses granted under other
   21-7  provisions of this Act.
   21-8        (b)  On <The committee on> request the <shall waive>
   21-9  educational and professional experience requirements for a license
  21-10  in audiology were waived for an applicant who, on the effective
  21-11  date of this Act, held <holds> a graduate degree from an accredited
  21-12  institution of higher education with a major in speech-language
  21-13  pathology or audiology, and was <has been> continuously engaged in
  21-14  the practice of audiology for ten years immediately preceding the
  21-15  effective date of this Act, provided the applicant filed <files> an
  21-16  application for licensure <with the committee> on or before January
  21-17  1, 1986.  Such an applicant must have passed <pass> the licensing
  21-18  examination under Section 12 of this Act not later than August 31,
  21-19  1986.
  21-20        SECTION 2.09.  Chapter 381, Acts of the 68th Legislature,
  21-21  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
  21-22  Statutes), is amended by adding Section 13A and by amending and
  21-23  redesignating Sections 13(c) and (d) as Sections 13A(a) and (e) to
  21-24  read as follows:
  21-25        Sec. 13A.  PROVISIONAL LICENSE; OTHER LICENSE WITHOUT
  21-26  EXAMINATION.  (a) <(c)>  The board <committee> may <waive the
  21-27  examination and> grant a provisional license <licensure> to an
   22-1  applicant who presents proof of current licensure in another state,
   22-2  including the District of Columbia, or territory of the United
   22-3  States which maintains professional standards considered by the
   22-4  board <committee> to be equivalent to those set forth in this Act.
   22-5  An applicant for a provisional license under this section must:
   22-6              (1)  be licensed in good standing as a speech-language
   22-7  pathologist or an audiologist in another state, the District of
   22-8  Columbia, or a territory of the United States that has licensing
   22-9  requirements that are substantially equivalent to the requirements
  22-10  of this Act;
  22-11              (2)  have passed a national or other examination
  22-12  recognized by the board relating to speech-language pathology or
  22-13  audiology; and
  22-14              (3)  be sponsored by a person licensed by the board
  22-15  under this Act with whom the provisional license holder may
  22-16  practice under this section.
  22-17        (b)  An applicant for a provisional license may be excused
  22-18  from the requirement of Subsection (a)(3) of this section if the
  22-19  board determines that compliance with that subsection constitutes a
  22-20  hardship to the applicant.
  22-21        (c)  A provisional license is valid until the date the board
  22-22  approves or denies the provisional license holder's application for
  22-23  a license.  The board shall issue a license under this Act to the
  22-24  holder of a provisional license under this section if:
  22-25              (1)  the provisional license holder passes the
  22-26  examination required by Section 12 of this Act;
  22-27              (2)  the board verifies that the provisional license
   23-1  holder has the academic and experience requirements for a license
   23-2  under this Act; and
   23-3              (3)  the provisional license holder satisfies any other
   23-4  license requirements under this Act.
   23-5        (d)  The board must complete the processing of a provisional
   23-6  license holder's application for a license not later than the 180th
   23-7  day after the date the provisional license is issued.
   23-8        (e) <(d)>  The board <committee> may waive the examination
   23-9  and grant licensure to an applicant who holds the Certificate of
  23-10  Clinical Competence of the American Speech-Language Hearing
  23-11  Association or has met equivalent requirements in the area for
  23-12  which a license is sought.
  23-13        SECTION 2.10.  Sections 14(a), (c), and (d), Chapter 381,
  23-14  Acts of the 68th Legislature, Regular Session, 1983 (Article 4512j,
  23-15  Vernon's Texas Civil Statutes), are amended to read as follows:
  23-16        (a)  The board <committee> shall issue a license to an
  23-17  applicant who meets the requirements of this Act and who pays to
  23-18  the board <committee> the initial nonrefundable license fee.
  23-19        (c)  On receiving an application provided for under
  23-20  Subsection (b) of this section accompanied by the nonrefundable
  23-21  application fee, the board <committee> shall issue a temporary
  23-22  certificate of registration which entitles the applicant to
  23-23  practice audiology or speech-language pathology for a period ending
  23-24  eight weeks after the conclusion of the next examination given
  23-25  after the date of issue.
  23-26        (d)  The board by rule may adopt a system under which
  23-27  licenses expire on various dates during the year.  For the year in
   24-1  which the license expiration date is changed, license fees payable
   24-2  on the original expiration date shall be prorated on a monthly
   24-3  basis so that each licensee shall pay only that portion of the
   24-4  license fee that is allocable to the number of months during which
   24-5  the license is valid.  On renewal of the license on the new
   24-6  expiration date, the total license renewal fee is payable <All
   24-7  licenses expire and become invalid one year from the date of
   24-8  issuance if not renewed>.
   24-9        SECTION 2.11.  Chapter 381, Acts of the 68th Legislature,
  24-10  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
  24-11  Statutes), is amended by adding Section 14A to read as follows:
  24-12        Sec. 14A.  TEMPORARY LICENSE; INACTIVE STATUS.  (a)  The
  24-13  board by rule may provide for the issuance of a temporary license.
  24-14        (b)  The board by rule may provide for a person who holds a
  24-15  license under this Act to be placed on inactive status.  Rules
  24-16  adopted under this section shall include a time limit for a license
  24-17  holder to remain on inactive status.
  24-18        SECTION 2.12.  Section 15, Chapter 381, Acts of the 68th
  24-19  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  24-20  Civil Statutes), is amended to read as follows:
  24-21        Sec. 15.  Renewal of License.  (a)  A person may renew an
  24-22  unexpired license by paying to the board before the expiration of
  24-23  the license the required renewal fee.
  24-24        (b)  If a person's license has been expired for 90 days or
  24-25  less, the person may renew the license by paying to the board the
  24-26  required renewal fee and a fee that is one-half of the examination
  24-27  fee for the license.
   25-1        (c)  If a person's license has been expired for longer than
   25-2  90 days but less than one year, the person may renew the license by
   25-3  paying to the board all unpaid renewal fees and a fee that is equal
   25-4  to the examination fee for the license  <Each licensed
   25-5  speech-language pathologist or audiologist shall annually pay the
   25-6  nonrefundable renewal fee for a renewal of his license.  A 60-day
   25-7  grace period shall be allowed.  After expiration of the grace
   25-8  period, the committee may renew each license after payment of a
   25-9  penalty set by the rules.  No person who applies for renewal within
  25-10  two years after the date of expiration of the license may be
  25-11  required to submit to an examination as a condition to renewal>.
  25-12        (d)  If a person's <(b)  Persons who fail to renew their>
  25-13  license has been expired for one year or longer, the person <within
  25-14  two years after the date of its expiration> may not renew the
  25-15  license <it, and it may not be restored, reissued, or reinstated
  25-16  thereafter, but those persons may apply for and obtain a new
  25-17  license if they meet the requirements of this Act>.  The person may
  25-18  obtain a new license by submitting to reexamination and complying
  25-19  with the requirements and procedures for obtaining an original
  25-20  license.  However, the board may renew without reexamination an
  25-21  expired license of a person who was licensed in this state, moved
  25-22  to another state, and is currently licensed and has been in
  25-23  practice in the other state for the two years preceding
  25-24  application.  The person must pay to the board a fee that is equal
  25-25  to the examination fee for the license.
  25-26        (e)  At least 30 days before the expiration of a person's
  25-27  license, the board shall send written notice of the impending
   26-1  license expiration to the person at the licensee's last known
   26-2  address according to the records of the board.
   26-3        (f)  The board by rule shall establish a minimum number of
   26-4  hours of continuing education required to renew a license under
   26-5  this Act.  The board may assess the continuing education needs of
   26-6  license holders and may require license holders to attend
   26-7  continuing education courses specified by the board.  The board by
   26-8  rule shall develop a process to evaluate and approve  continuing
   26-9  education courses.
  26-10        (g)  The board shall identify the key factors for the
  26-11  competent performance by a license holder of the license holder's
  26-12  professional duties.  The board shall adopt a procedure to assess a
  26-13  license holder's participation in continuing education programs.
  26-14        <(c)  Within three years of the effective date of this Act,
  26-15  renewal of a license is contingent on the applicant's meeting
  26-16  uniform continuing education requirements established by the
  26-17  committee.  These continuing education requirements must be of such
  26-18  a nature that they can be met without necessitating an extended
  26-19  absence from the licensee's county of residence.  Notice of
  26-20  continuing education requirements shall be sent to all persons
  26-21  licensed under this Act at least 12 months prior to the time that
  26-22  the person's license renewal is dependent on completion of the
  26-23  requirements.  Continuing education requirements shall be sent to
  26-24  new applicants with the forms on which they are to apply for
  26-25  licensure.  Notification or changes in continuing education
  26-26  requirements shall be sent to persons licensed under this Act at
  26-27  least one year prior to the date on which the new requirements
   27-1  become effective.>
   27-2        (h) <(d)>  A suspended license is subject to expiration and
   27-3  may be renewed as provided in this Act, but the renewal does not
   27-4  entitle the licensee, while the license remains suspended and until
   27-5  it is reinstated, to engage in the licensed activity or in any
   27-6  other activity or conduct in violation of the order or judgment by
   27-7  which the license was suspended.  A license revoked on disciplinary
   27-8  grounds is subject to expiration as provided in this Act, but it
   27-9  may not be renewed.  If it is reinstated after its expiration, the
  27-10  licensee as a condition of reinstatement shall pay a reinstatement
  27-11  fee in an amount equal to the renewal fee in effect on the last
  27-12  preceding regular renewal date before the date on which it is
  27-13  reinstated, plus the delinquency fee, if any, accrued at the time
  27-14  of the license revocation.
  27-15        SECTION 2.13.  Section 16, Chapter 381, Acts of the 68th
  27-16  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  27-17  Civil Statutes), is amended to read as follows:
  27-18        Sec. 16.  Fees.  <The amount of fees initially prescribed in
  27-19  connection with a license as a speech-language pathologist or
  27-20  audiologist may not exceed the following:>
  27-21        <(1)  application fee:        $75>
  27-22        <(2)  examination fee:        $50>
  27-23        <(3)  initial license fee:    $75>
  27-24        <(4)  license renewal fee:    $75>
  27-25        <(5)  delinquency fee:        $50>
  27-26        <(6)  temporary license fee:  $25>
  27-27        <(7)  duplicate license fee:  $10>
   28-1  The board <committee> by rule shall establish reasonable and
   28-2  necessary fees so that the fees, in the aggregate, produce
   28-3  sufficient revenue to cover the cost of administering this Act.
   28-4  The<, and such> fees set by the board may <shall> be adjusted so
   28-5  that the total fees collected shall be sufficient to meet the
   28-6  expenses of administering this Act <and so that unnecessary
   28-7  surpluses in the fund provided for in Section 20 of this Act are
   28-8  avoided>.  The board may not set a fee for an amount less  than the
   28-9  amount of that fee on September 1, 1993.
  28-10        SECTION 2.14.   Section 17, Chapter 381, Acts of the 68th
  28-11  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  28-12  Civil Statutes), is amended to read as follows:
  28-13        Sec. 17.  DENIAL, SUSPENSION, AND REVOCATION.  (a)  The board
  28-14  <committee> may refuse to issue a license to an applicant or may
  28-15  suspend or revoke the license of any licensee for any of the
  28-16  following causes:
  28-17              (1)  obtaining a license by means of fraud,
  28-18  misrepresentation, or concealment of material facts;
  28-19              (2)  selling, bartering, or offering to sell or barter
  28-20  a license or certificate of registration;
  28-21              (3)  unprofessional conduct that has endangered or is
  28-22  likely to endanger the health, welfare, or safety of the public as
  28-23  defined by the rules established by the board <committee> or
  28-24  violation of the code of ethics adopted and published by the board
  28-25  <committee>;
  28-26              (4)  violating any lawful order or rule rendered or
  28-27  adopted by the board <committee>; or
   29-1              (5)  violating any provisions of this Act.
   29-2        (b)  The board <committee> shall deny an application for or
   29-3  suspend or revoke or impose probationary conditions on a license as
   29-4  ordered by the board <committee> in any decision made after hearing
   29-5  as provided in this Act.  One year from the date of revocation of a
   29-6  license under this Act, application may be made to the board
   29-7  <committee> for reinstatement.  The board <committee> shall have
   29-8  discretion to accept or reject an application for reinstatement and
   29-9  may require an examination for the reinstatement.
  29-10        (c)  A plea or verdict of guilty or a conviction following a
  29-11  plea of nolo contendere made to a charge of a felony or of an
  29-12  offense involving moral turpitude is deemed to be a conviction
  29-13  within the meaning of this Act.  At the direction of the board
  29-14  <committee> the license may be suspended or revoked or the board
  29-15  <committee> may decline to issue a license when the time for appeal
  29-16  of the conviction has elapsed or the judgment or conviction has
  29-17  been affirmed on appeal, or when an order granting probation is
  29-18  made suspending the imposition of sentence irrespective of a
  29-19  subsequent order allowing a person to withdraw his or her plea of
  29-20  guilty, or setting aside the verdict of guilty, or dismissing the
  29-21  information or indictment.
  29-22        (d)  In addition to the other disciplinary actions authorized
  29-23  by this section, the board may issue a written reprimand to a
  29-24  license holder who violates this Act or require that a license
  29-25  holder who violates this Act participate in continuing education
  29-26  programs.  The board shall specify the continuing education
  29-27  programs that may be attended and the number of hours that must be
   30-1  completed by an individual license holder to fulfill the
   30-2  requirements of this subsection.
   30-3        (e)  If a license suspension is probated, the board may
   30-4  require the license holder to:
   30-5              (1)  report regularly to the board on matters that are
   30-6  the basis of the probation;
   30-7              (2)  limit practice to the areas prescribed by the
   30-8  board; or
   30-9              (3)  continue or review continuing professional
  30-10  education until the license holder attains a degree of skill
  30-11  satisfactory to the board in those areas that are the basis of the
  30-12  probation.
  30-13        (f)  The schedule of sanctions adopted by the board by rule
  30-14  shall be used by the State Office of Administrative Hearings for
  30-15  any sanction imposed as the result of a hearing conducted by that
  30-16  office.
  30-17        SECTION 2.15.  Section 18(b), Chapter 381, Acts of the 68th
  30-18  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  30-19  Civil Statutes), is amended to read as follows:
  30-20        (b)  If a person other than a licensed speech-language
  30-21  pathologist or audiologist has engaged in any act or practice which
  30-22  constitutes an offense under this Act, a district court of any
  30-23  county on application of the board <committee> may issue an
  30-24  injunction or other appropriate order restraining such conduct.
  30-25        SECTION 2.16.  Section 19, Chapter 381, Acts of the 68th
  30-26  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  30-27  Civil Statutes), is amended to read as follows:
   31-1        Sec. 19.  Procedures for Denial, Revocation, or Suspension of
   31-2  a License.  (a)  A person whose application for a license is denied
   31-3  is entitled to a hearing before the State Office of Administrative
   31-4  Hearings <committee> if such person submits a written request to
   31-5  the board <committee>.
   31-6        (b)  Proceedings for revocation or suspension of a license
   31-7  shall be commenced by filing charges with the board <committee> in
   31-8  writing and under oath.  The charges may be made by any person or
   31-9  persons.
  31-10        (c)  <The chairperson of the committee shall fix a time and
  31-11  place for a hearing and shall cause a written copy of the charges
  31-12  or reason for denial of a license, together with a notice of the
  31-13  time and place fixed for the hearing, to be served on the applicant
  31-14  requesting the hearing or the licensee against whom the charges
  31-15  have been filed at least 20 days prior to the date set for the
  31-16  hearing.  Service of charges and notice of hearing may be given by
  31-17  certified mail to the last known address of the licensee or
  31-18  applicant.>
  31-19        <(d)  At the hearing the applicant or licensee has the right
  31-20  to appear either personally or by counsel or both, to produce
  31-21  witnesses, to have subpoenas issued by the committee, and to
  31-22  cross-examine opposing or adverse witnesses.>
  31-23        <(e)>  The board <committee> shall <determine the charges on
  31-24  their merits and> enter an order in a permanent record setting
  31-25  forth the findings of fact and law and the action taken by the
  31-26  State Office of Administrative Hearings.  A copy of the order <of
  31-27  the committee> shall be mailed to the applicant or licensee at his
   32-1  or her last known address by certified mail.
   32-2        (d) <(f)>  An individual whose application for a license has
   32-3  been refused or whose license has been cancelled, revoked, or
   32-4  suspended by the board <committee> may take an appeal, within 20
   32-5  days after the order is entered by the State Office of
   32-6  Administrative Hearings, to any district court of Travis County or
   32-7  to any district court of the county of his or her residence.
   32-8        (e) <(g)>  In all appeals prosecuted in any of the courts of
   32-9  this state pursuant to the provisions of this Act, such trials
  32-10  shall be de novo as that term is used and understood in appeals
  32-11  from justice of the peace courts.  Under no circumstances shall the
  32-12  substantial evidence rule as interpreted and applied by the courts
  32-13  in Texas in other cases ever be used or applied to appeals
  32-14  prosecuted under the provisions of this Act.
  32-15        (f) <(h)>  All proceedings under this Act shall conform to
  32-16  the requirements of the Administrative Procedure and Texas Register
  32-17  Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
  32-18  Statutes), except as modified by this section.
  32-19        SECTION 2.17.  Section 20, Chapter 381, Acts of the 68th
  32-20  Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
  32-21  Civil Statutes), is amended to read as follows:
  32-22        Sec. 20.  DISPOSITION OF FUNDS RECEIVED.  (a)  All funds
  32-23  received by the board <committee> under this Act shall be deposited
  32-24  in accordance with applicable state law in the State Treasury in a
  32-25  separate fund to be known as the speech-language pathology and
  32-26  audiology fund and be appropriated to the board <Texas Department
  32-27  of Health> solely for administration of this Act.
   33-1        (b)  All <After August 31, 1984, all> expenses for the
   33-2  administration of the Act shall be paid from fees collected by the
   33-3  board <committee> under this Act.
   33-4        <(c)  There is hereby appropriated $80,000 to the
   33-5  speech-language pathology and audiology fund for the implementation
   33-6  of this Act, said funds coming from the General Revenue Fund for
   33-7  the first year provided that the first $80,000 of application and
   33-8  license fees shall be returned to the General Revenue Fund as they
   33-9  are received.>
  33-10        SECTION 2.18.  Chapter 381, Acts of the 68th Legislature,
  33-11  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
  33-12  Statutes), is amended by adding Section 23 to read as follows:
  33-13        Sec. 23.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
  33-14  shall keep an information file about each complaint filed with the
  33-15  board.  The board's information file shall be kept current and
  33-16  contain a record for each complaint of:
  33-17              (1)  all persons contacted in relation to the
  33-18  complaint;
  33-19              (2)  a summary of findings made at each step of the
  33-20  complaint process;
  33-21              (3)  an explanation of the legal basis and reason for a
  33-22  complaint that is dismissed; and
  33-23              (4)  other relevant information.
  33-24        (b)  If a written complaint is filed with the board that the
  33-25  board has authority to resolve, the board, at least as frequently
  33-26  as quarterly and until final disposition of the complaint, shall
  33-27  notify the parties to the complaint of the status of the complaint
   34-1  unless the notice would jeopardize an undercover investigation.
   34-2        (c)  The board by rule shall adopt a form to standardize
   34-3  information concerning complaints made to the board.  The board by
   34-4  rule shall prescribe information to be provided to a person when
   34-5  the person files a complaint with the board.
   34-6        (d)  The board shall provide reasonable assistance to a
   34-7  person who wishes to file a complaint with the board.
   34-8        SECTION 2.19.  Chapter 381, Acts of the 68th Legislature,
   34-9  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
  34-10  Statutes), is amended by adding Sections 24 and 25 to read as
  34-11  follows:
  34-12        Sec. 24.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  34-13  board shall adopt rules concerning the investigation of a complaint
  34-14  filed with the board.  The rules adopted under this subsection
  34-15  shall:
  34-16              (1)  distinguish between categories of complaints;
  34-17              (2)  ensure that complaints are not dismissed without
  34-18  appropriate consideration;
  34-19              (3)  require that the board be advised of a complaint
  34-20  that is dismissed and that a letter be sent to the person who filed
  34-21  the complaint explaining the action taken on the dismissed
  34-22  complaint;
  34-23              (4)  ensure that the person who filed the complaint has
  34-24  an opportunity to explain the allegations made in the complaint;
  34-25  and
  34-26              (5)  prescribe guidelines concerning the categories of
  34-27  complaints that require the use of a private investigator and the
   35-1  procedures for the board to obtain the services of a private
   35-2  investigator.
   35-3        (b)  The board shall dispose of all complaints in a timely
   35-4  manner.  The board shall establish a schedule for conducting each
   35-5  phase of a complaint that is under the control of the board not
   35-6  later than the 30th day after the date the complaint is received by
   35-7  the board.  The schedule shall be kept in the information file for
   35-8  the complaint and all parties shall be notified of the projected
   35-9  time requirements for pursuing the complaint.  A change in the
  35-10  schedule must be noted in the complaint information file and all
  35-11  parties to the complaint must be notified not later than the
  35-12  seventh day after the date the change is made.
  35-13        (c)  The director of the board shall notify the board of a
  35-14  complaint that extends beyond the time prescribed by the board for
  35-15  resolving the complaint so that the board may take necessary action
  35-16  on the complaint.
  35-17        Sec. 25.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
  35-18  adopt procedures governing:
  35-19              (1)  informal disposition of a contested case under
  35-20  Section 13(e), Administrative Procedure and Texas Register Act
  35-21  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  35-22  subsequent amendments; and
  35-23              (2)  informal proceedings held in compliance with
  35-24  Section 18(c), Administrative Procedure and Texas Register Act
  35-25  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  35-26  subsequent amendments.
  35-27        (b)  Rules adopted under this section must provide the
   36-1  complainant and the licensee an opportunity to be heard and must
   36-2  require the presence of a representative of the office of the
   36-3  attorney general to advise the board or board's employees.
   36-4        SECTION 2.20.  Chapter 381, Acts of the 68th Legislature,
   36-5  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
   36-6  Statutes), is amended by adding Section 25 to read as follows:
   36-7        Sec. 25.  MONITORING OF LICENSE HOLDER.  The board by rule
   36-8  shall develop a system for monitoring license holders' compliance
   36-9  with the requirements of this Act.  Rules adopted under this
  36-10  section shall include procedures for monitoring a license holder
  36-11  who is ordered by the board to perform certain acts to ascertain
  36-12  that the license holder performs the required acts and to identify
  36-13  and monitor license holders who represent a risk to the public.
  36-14        SECTION 2.21.  Chapter 381, Acts of the 68th Legislature,
  36-15  Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
  36-16  Statutes), is amended by adding Section 26 to read as follows:
  36-17        Sec. 26.  COMPETITIVE BIDDING; ADVERTISING.  (a)  The board
  36-18  may not adopt rules restricting competitive bidding or advertising
  36-19  by a person regulated by the board except to prohibit false,
  36-20  misleading, or deceptive practices by the person.
  36-21        (b)  The board may not include in its rules to prohibit
  36-22  false, misleading, or deceptive practices by a person regulated by
  36-23  the board a rule that:
  36-24              (1)  restricts the use of any medium for advertising;
  36-25              (2)  restricts the person's personal appearance or use
  36-26  of the person's voice in an advertisement;
  36-27              (3)  relates to the size or duration of an
   37-1  advertisement by the person; or
   37-2              (4)  restricts the person's advertisement under a trade
   37-3  name.
   37-4          ARTICLE 3.  FITTERS AND DISPENSERS OF HEARING AIDS
   37-5        SECTION 3.01.  Section 1(a), Chapter 366, Acts of the 61st
   37-6  Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
   37-7  Texas Civil Statutes), is amended to read as follows:
   37-8        (a)  "Board" means the <Texas> Board of Examiners for Speech
   37-9  <in the Fitting> and <Dispensing of> Hearing Professionals <Aids>.
  37-10        SECTION 3.02.  Sections 4(b)-(i), Chapter 366, Acts of the
  37-11  61st Legislature, Regular Session, 1969 (Article 4566-1.04,
  37-12  Vernon's Texas Civil Statutes), are amended to read as follows:
  37-13        (b)  <The Board shall have the power to appoint committees
  37-14  from its own membership, the duties of which shall be to consider
  37-15  such matters, pertaining to the enforcement of this Act, as shall
  37-16  be referred to said committees, and they shall make recommendations
  37-17  to the Board in respect thereto.>
  37-18        <(c)  The Board shall have the power to employ the services
  37-19  of stenographers, inspectors, agents, attorneys, and other
  37-20  necessary assistants in carrying out the provisions of this Act.>
  37-21        <(d)>  The Board, by majority vote, shall have the power to
  37-22  issue subpoenas and subpoenas duces tecum to compel the attendance
  37-23  of witnesses and the production of books, records and documents, to
  37-24  administer oaths and to take testimony concerning all matters
  37-25  within its jurisdiction under this Act.
  37-26        (c) <(e)>  The Board shall have the right to institute an
  37-27  action in its own name to enjoin the violation of any of the
   38-1  provisions of this Act.  Said action for injunction shall be in
   38-2  addition to any other action, proceeding or remedy authorized by
   38-3  law.
   38-4        (d) <(f)>  The Board is charged with the duty of aiding in
   38-5  the enforcement of this Act, and any member of the Board may
   38-6  present to the Attorney General or a County or District Attorney of
   38-7  this state complaints relating to violations of any provision of
   38-8  this Act; and the Board through the members, officers, counsel, and
   38-9  agents may assist in the trial of any case involving alleged
  38-10  violations of this Act, subject to the control of the Attorney
  38-11  General, County Attorney, or District Attorney charged with the
  38-12  responsibility of prosecuting such case.
  38-13        <(g)  Before entering upon the discharge of the duties of
  38-14  such office, the Secretary-Treasurer of the Board shall give such
  38-15  bond for the performance of this duty as the Board may require, the
  38-16  premium of such bond is to be paid from any available funds.>
  38-17        <(h)  The Board shall adopt an official seal and the form of
  38-18  a license of suitable design and shall have an office where all the
  38-19  permanent records shall be kept.>
  38-20        (e) <(i)>  The Board by rule shall adopt requirements for
  38-21  mandatory <the> continuing education for <of> licensees under this
  38-22  Act in subjects pertaining to the fitting and dispensing of hearing
  38-23  aids.  The Board by rule shall establish a minimum number of hours
  38-24  of continuing education required to renew a license.  The Board may
  38-25  assess the continuing education needs of license holders and may
  38-26  require license holders to attend continuing education courses
  38-27  specified by the Board.  The Board by rule shall develop a process
   39-1  to evaluate and approve continuing education courses <may approve
   39-2  specific courses of instruction or establish minimum content
   39-3  requirements of courses of continuing professional education and
   39-4  provide programs for continuing education>.
   39-5        (f)  The Board shall identify the key factors for the
   39-6  competent performance by a license holder of the license holder's
   39-7  professional duties.  The Board shall adopt a procedure to assess a
   39-8  license holder's participation and performance in continuing
   39-9  education programs.
  39-10        SECTION 3.03.  Sections 6(a) and (c), Chapter 366, Acts of
  39-11  the 61st Legislature, Regular Session, 1969 (Article 4566-1.06,
  39-12  Vernon's Texas Civil Statutes), are amended to read as follows:
  39-13        (a)  Every person desiring to engage in fitting and
  39-14  dispensing hearing aids in the State of Texas shall be required to
  39-15  pass an examination given by the <Texas> Board <of Examiners in the
  39-16  Fitting and Dispensing of Hearing Aids>.
  39-17        (c)  The examination shall consist of written, oral or
  39-18  practical tests that shall be objective in method and applied in a
  39-19  consistent manner.  The Board shall have the written portion of the
  39-20  examination validated by an independent testing professional.  The
  39-21  examination shall cover the following areas as they relate to the
  39-22  fitting and dispensing of hearing aids:
  39-23              (1)  Basic physics of sound;
  39-24              (2)  The structure and function of hearing aids;
  39-25              (3)  Fitting of hearing aids;
  39-26              (4)  Pure tone audiometry, including air conduction
  39-27  testing and bone conduction testing;
   40-1              (5)  Live voice and/or record voice speech audiometry;
   40-2              (6)  Masking when indicated;
   40-3              (7)  Recording and evaluation of audiograms and speech
   40-4  audiometry to determine the hearing aid candidacy;
   40-5              (8)  Selection and adaption of hearing aids and testing
   40-6  of hearing aids; and
   40-7              (9)  Taking of earmold impressions.
   40-8        SECTION 3.04.  Section 8, Chapter 366, Acts of the 61st
   40-9  Legislature, Regular Session, 1969 (Article 4566-1.08, Vernon's
  40-10  Texas Civil Statutes), is amended to read as follows:
  40-11        Sec. 8.  PROVISIONAL LICENSES <RECIPROCAL ARRANGEMENTS>.  (a)
  40-12  On <Upon proper> application, the <Texas> Board <of Examiners in
  40-13  Fitting and Dispensing of Hearing Aids> shall grant a provisional
  40-14  license to fit and dispense hearing aids <without requiring an
  40-15  examination to licentiates of other states or territories having
  40-16  requirements equivalent to or higher than those in effect pursuant
  40-17  to this Act for fitting and dispensing hearing aids>.  An applicant
  40-18  for a provisional license under this section must:
  40-19              (1)  be licensed in good standing as a fitter and
  40-20  dispenser of hearing aids in another state, the District of
  40-21  Columbia, or a territory of the United States that has licensing
  40-22  requirements that are substantially equivalent to the requirements
  40-23  of this Act;
  40-24              (2)  have passed a national or other examination
  40-25  recognized by the Board relating to the fitting and dispensing of
  40-26  hearing aids; and
  40-27              (3)  be sponsored by a person licensed by the Board
   41-1  under this Act with whom the provisional license holder may
   41-2  practice under this section.
   41-3        (b)  An applicant for a provisional license may be excused
   41-4  from the requirement of Subsection (a)(3) of this section if the
   41-5  Board determines that compliance with that subsection constitutes a
   41-6  hardship to the applicant.
   41-7        (c)  A provisional license is valid until the date the Board
   41-8  approves or denies the provisional license holder's application for
   41-9  a license.  The Board shall issue a license under this Act to the
  41-10  holder of a provisional license under this section if:
  41-11              (1)  the provisional license holder passes the
  41-12  examination required by Section 6 of this Act;
  41-13              (2)  the Board verifies that the provisional license
  41-14  holder has the academic and experience requirements for a license
  41-15  under this Act; and
  41-16              (3)  the provisional license holder satisfies any other
  41-17  license requirements under this Act.
  41-18        (d)  The Board must complete the processing of a provisional
  41-19  license holder's application for a license not later than the 180th
  41-20  day after the date the provisional license is issued.
  41-21        <(b)  Applications for license under the provisions of this
  41-22  section shall be in writing and upon a form prescribed by the
  41-23  Board.  Such applications shall be filed with the
  41-24  Secretary-Treasurer of the Board.  The application shall be
  41-25  accompanied by a license or a certified copy of a license to fit
  41-26  and dispense hearing aids, lawfully issued to the applicant by some
  41-27  other state or territory; and shall also be accompanied by an
   42-1  affidavit of the President or Secretary of the Board of Examiners
   42-2  in Fitting and Dispensing Hearing Aids who issued the license.  The
   42-3  affidavit shall recite that the accompanying certificate or license
   42-4  has not been cancelled or revoked, and that the statement of
   42-5  qualifications made in this application for license in Texas is
   42-6  true and correct.>
   42-7        <(c)  Applicants for a license under the provisions of this
   42-8  section shall subscribe to an oath in writing which shall be a part
   42-9  of said application, stating that the license, certificate or
  42-10  authority under which the applicant fits and dispenses hearing aids
  42-11  in the state or territory from which the applicant is removed, was
  42-12  at that time of such removal in full force and not suspended or
  42-13  cancelled; that the applicant is the identical person to whom the
  42-14  said certificate or license was issued and that no proceeding was
  42-15  pending at the time of such removal, or at the present time pending
  42-16  against the applicant for the cancellation, suspension or
  42-17  revocation or such certificate or license in the state or territory
  42-18  in which the same was issued and that no prosecution was then or at
  42-19  the time of application pending against the applicant in any state
  42-20  or federal court for any offense under the laws of Texas which is a
  42-21  felony.>
  42-22        SECTION 3.05.  Section 9(c), Chapter 366, Acts of the 61st
  42-23  Legislature, Regular Session, 1969 (Article 4566-1.09, Vernon's
  42-24  Texas Civil Statutes), is amended to read as follows:
  42-25        (c)  A temporary training permit shall authorize the holder
  42-26  thereof, to fit and dispense hearing aids under the direct and
  42-27  full-time supervision of the license holder who completed the
   43-1  affidavit required by Subsection (b) of this section or that
   43-2  person's successor as supervisor for a period of one year or until
   43-3  the holder thereof shall have successfully passed the examination
   43-4  required for a license under this Act, whichever occurs first.
   43-5        SECTION 3.06.  Section 10, Chapter 366, Acts of the 61st
   43-6  Legislature, Regular Session, 1969 (Article 4566-1.10, Vernon's
   43-7  Texas Civil Statutes), is amended to read as follows:
   43-8        Sec. 10.  Grounds for disciplinary actions.  (a)  The Board
   43-9  shall revoke or suspend a permit or license, place on probation a
  43-10  person whose permit or license has been suspended, or reprimand a
  43-11  permittee or licensee for a violation of this Act or a rule of the
  43-12  Board including any of the following violations:
  43-13              (1)  The temporary trainee or licensee is guilty of any
  43-14  fraud, deceit or misrepresentation in the fitting and dispensing of
  43-15  hearing aids or in his seeking of a license under this Act.
  43-16              (2)  The temporary trainee or licensee is convicted of
  43-17  a felony or a misdemeanor which involves moral turpitude.
  43-18              (3)  The temporary trainee or licensee is unable to fit
  43-19  and dispense hearing aids with reasonable skill and safety to
  43-20  customers by reason of incompetence, age, illness, drunkenness,
  43-21  excessive use of drugs, narcotics, chemicals, or any other type of
  43-22  material or as a result of any condition causing the temporary
  43-23  trainee or licensee to become mentally or physically incapable as
  43-24  determined by a court of competent jurisdiction.
  43-25              (4)  The temporary trainee or licensee has violated any
  43-26  of the provisions of this Act or Board rules.
  43-27              (5)  The licensee has knowingly, directly or indirectly
   44-1  employed, hired, procured, or induced a person not licensed to fit
   44-2  and dispense hearing aids in this state, to so fit and dispense
   44-3  hearing aids.
   44-4              (6)  The licensee aids or abets any person not duly
   44-5  licensed under this Act in the fitting or dispensing of hearing
   44-6  aids.
   44-7              (7)  The licensee lends, leases, rents, or in any other
   44-8  manner places his license at the disposal or in the service of any
   44-9  person not licensed to fit and dispense hearing aids in this state.
  44-10              (8)  The licensee knowingly used or caused or promoted
  44-11  the use of any advertising matter, promotional literature,
  44-12  guarantees, warranty, disseminated or published with misleading,
  44-13  deceiving or false information.  It is the intention of the
  44-14  Legislature that the provisions of this subdivision be interpreted
  44-15  insofar as possible to coincide with the orders and rules of the
  44-16  Federal Trade Commission on such subjects.
  44-17              (9)  The licensee represented that the service or
  44-18  advice of a person licensed to practice medicine by the Texas State
  44-19  Board of Medical Examiners is used or made available in the
  44-20  selection, fitting, adjustment, maintenance, or repair of a hearing
  44-21  aid when such representation was not true.
  44-22              (10)  The licensee used the term "doctor," "clinic" or
  44-23  any like words, abbreviations or symbols in the conduct of his
  44-24  business which would tend to connote that the licensee was a
  44-25  physician or surgeon.
  44-26              (11)  The licensee obtained or attempted to obtain
  44-27  information concerning the business of another licensee under this
   45-1  Act by bribery, or attempting to bribe an employee or agent of such
   45-2  other licensee or by the impersonation of one in authority.
   45-3              (12)  The licensee directly or indirectly gave, or
   45-4  offered to give or permitted or caused to be given money or
   45-5  anything of value to any person who advises others in a
   45-6  professional capacity as an inducement to influence such person to
   45-7  influence those persons such person advises in a professional
   45-8  capacity to purchase or contract to purchase products sold or
   45-9  offered for sale by licensee or to refrain from purchasing or
  45-10  contracting to purchase products sold or offered for sale by any
  45-11  other licensee under this Act.
  45-12              (13)  The licensee falsely represented to a purchaser
  45-13  that a hearing aid was "custom-made," "made to order,"
  45-14  "prescription-made" or any other representations that such hearing
  45-15  aid was specially fabricated for the purchaser.
  45-16              (14)  The licensee refused to accept responsibility for
  45-17  the acts of a temporary training permittee in a licensee's employ
  45-18  and under licensee's supervision.
  45-19              (15)  The licensee with fraudulent intent, engaged in
  45-20  the fitting and dispensing of hearing aids under a false name or
  45-21  alias.
  45-22        (b)  If a license suspension is probated, the Board may
  45-23  require the license holder to:
  45-24              (1)  report regularly to the Board on matters that are
  45-25  the basis of the probation;
  45-26              (2)  limit practice to the areas prescribed by the
  45-27  Board; or
   46-1              (3)  continue or review continuing professional
   46-2  education until the license holder attains a degree of skill
   46-3  satisfactory to the Board in those areas that are the basis of the
   46-4  probation.
   46-5        (c)  The schedule of sanctions adopted by the Board by rule
   46-6  shall be used by the State Office of Administrative Hearings for
   46-7  any sanction imposed as the result of a hearing conducted by that
   46-8  office.
   46-9        SECTION 3.07.  Section 11, Chapter 366, Acts of the 61st
  46-10  Legislature, Regular Session, 1969 (Article 4566-1.11, Vernon's
  46-11  Texas Civil Statutes), is amended to read as follows:
  46-12        Sec. 11.  Disciplinary actions.  (a)  If the Board proposes
  46-13  to refuse a person's application for examination, to suspend or
  46-14  revoke a person's license, or to probate or reprimand a person, the
  46-15  person is entitled to a hearing before the State Office of
  46-16  Administrative Hearings <Board>.
  46-17        (b)  <The proceedings are governed by the Administrative
  46-18  Procedure and Texas Register Act, as amended (Article 6252-13a,
  46-19  Vernon's Texas Civil Statutes)>.
  46-20        <(c)>  Proceedings shall be commenced by filing charges with
  46-21  the Board in writing and under oath.  The charges may be made by
  46-22  any person or persons.
  46-23        <(d)  The president of the Board shall fix a time and place
  46-24  for a hearing and shall cause a copy of the charges, together with
  46-25  a notice of the time and place fixed for the hearing to be served
  46-26  upon the applicant or licensee against whom charges have been filed
  46-27  at least 30 days prior thereto.  Service of such charges and notice
   47-1  of hearing thereon may be given by certified mail to the last known
   47-2  address of such licensee or applicant.>
   47-3        <(e)  At the hearing, such applicant or licensee shall have
   47-4  the right to appear either personally or by counsel or both to
   47-5  produce witnesses, and to have subpoenas issued by the Board and
   47-6  cross-examine opposing or adverse witnesses.>
   47-7        <(f)  The Board shall not be bound by strict rules of
   47-8  procedure or by the laws of evidence in the conduct of its
   47-9  proceedings but the determination shall be founded upon sufficient
  47-10  legal evidence to sustain it.>
  47-11        <(g)  The Board shall determine the charges upon their
  47-12  merits.>
  47-13        (c)  The Board shall enter an order in the permanent records
  47-14  of the Board setting forth the findings of fact and law of the
  47-15  State Office of Administrative Hearings <Board> and its action
  47-16  thereon.  A copy of such order of the State Office of
  47-17  Administrative Hearings <Board> shall be mailed to such applicant
  47-18  or licensee to his last known address by certified mail.
  47-19        (d) <(h)>  Any person whose license to fit and dispense
  47-20  hearing aids has been refused or has been cancelled, revoked or
  47-21  suspended by the Board, may, within 20 days after making and
  47-22  entering of an <such> order by the State Office of Administrative
  47-23  Hearings, take an appeal to any district court of Travis County or
  47-24  any district court of the county of his residence.
  47-25        (e) <(i)>  Appeal from the judgment of such district court
  47-26  will lie as other civil cases.
  47-27        (f) <(j)>  Upon application, the Board may reissue a license
   48-1  to fit and dispense hearing aids to a person whose license has been
   48-2  cancelled or revoked but such application shall not be made prior
   48-3  to the expiration of a period of six months after the order of
   48-4  cancellation or revocation has become final, and such application
   48-5  shall be made in such manner and form as the Board may require.
   48-6        (g)  The Board may require that a license holder who violates
   48-7  a provision of this Act participate in continuing education
   48-8  programs.  The Board shall specify the continuing education
   48-9  programs that may be attended and the number of hours that must be
  48-10  completed by an individual license holder to fulfill the
  48-11  requirements of this subsection.
  48-12        SECTION 3.08.  Section 12, Chapter 366, Acts of the 61st
  48-13  Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
  48-14  Texas Civil Statutes), is amended to read as follows:
  48-15        Sec. 12.  Fees and expenses.  (a)  The Board shall establish
  48-16  reasonable and necessary fees so that the fees, in the aggregate,
  48-17  produce sufficient revenue to cover the cost of administering this
  48-18  Act.  The Board may not set a fee for an amount less than the
  48-19  amount of that fee on September 1, 1993.  <for the administration
  48-20  of this Act in amounts not to exceed:>
  48-21     <1.  Temporary Training Permit>                       <$  40>
  48-22     <2.  Examination Fee>                                   <125>
  48-23     <3.  License Fee>                                        <75>
  48-24     <4.  License Renewal Fee>                               <220>
  48-25     <5.  Duplicate Document fee>                             <10>
  48-26        (b)  Every person passing the examination and meeting the
  48-27  requirements of the Board shall be notified that he is eligible for
   49-1  such license upon payment of the fee <herein provided>.  Such
   49-2  notice shall be by certified mail at the address given on his
   49-3  examination papers.  The fee for issuance of such license must be
   49-4  paid by the applicant within 90 days after having been notified.
   49-5  Failure to pay such fee within such time shall constitute a waiver
   49-6  of the right to such person to obtain his license.
   49-7        <(c)  The Secretary-Treasurer of the Board shall, on or
   49-8  before the 10th day of each month, remit to the State Treasurer all
   49-9  of the fees collected by the Board during the preceding month for
  49-10  deposit in the General Revenue Fund.>
  49-11        <(d)  Each member of the Board is entitled to a per diem as
  49-12  set by legislative appropriation for each day that the member
  49-13  engages in the business of the Board.  A member may not receive any
  49-14  compensation for travel expenses, including expenses for meals and
  49-15  lodging, other than transportation expenses.  A member is entitled
  49-16  to compensation for transportation expenses as prescribed by the
  49-17  General Appropriations Act.  The travel expenses allowance for
  49-18  members of the Board and its employees shall be provided in the
  49-19  General Appropriations Act.  The executive director of the Board
  49-20  shall be allowed his actual expenses incurred while traveling on
  49-21  official business for the Board.>
  49-22        <(e)  The number of days for which compensation may be paid
  49-23  to members of the Board shall not exceed two days in any calendar
  49-24  month except in those months in which examinations are held, but
  49-25  compensations may never be allowed to exceed six days in those
  49-26  months in which examinations are held.>
  49-27        <(f)  The Board may authorize all necessary disbursements to
   50-1  carry out the provisions of this Act, including payment of the
   50-2  premium on the bond of the Secretary-Treasurer, stationery
   50-3  expenses, purchase and maintain or rent equipment and facilities
   50-4  necessary to carry out the examinations of applications for
   50-5  license; pay for printing of all licenses; rent and furnish an
   50-6  office to maintain the permanent records of the Board.>
   50-7        <(g)  Funds for the administration of this Act shall be
   50-8  provided by the General Appropriations Act from the General Revenue
   50-9  Fund.  The financial transactions of the Board are subject to audit
  50-10  by the state auditor in accordance with Chapter 321, Government
  50-11  Code.>
  50-12        SECTION 3.09.  Section 12B, Chapter 366, Acts of the 61st
  50-13  Legislature, Regular Session, 1969 (Article 4566-1.12B, Vernon's
  50-14  Texas Civil Statutes), is amended by amending Subsection (d) and by
  50-15  adding Subsections (e)-(f) to read as follows:
  50-16        (d)  The Board shall keep an information file about each
  50-17  complaint filed with the Board <relating to a licensee>.  The
  50-18  Board's information file shall be kept current and contain a record
  50-19  for each complaint of:
  50-20              (1)  all persons contacted in relation to the
  50-21  complaint;
  50-22              (2)  a summary of findings made at each step of the
  50-23  complaint process;
  50-24              (3)  an explanation of the legal basis and reason for a
  50-25  complaint that is dismissed; and
  50-26              (4)  other relevant information.
  50-27  If a written complaint is filed with the Board that the Board has
   51-1  authority to resolve <relating to a licensee>, the Board, at least
   51-2  as frequently as quarterly and until final disposition of the
   51-3  complaint, shall notify the parties to the complaint of the status
   51-4  of the complaint unless the notice would jeopardize an undercover
   51-5  investigation.
   51-6        (e)  The Board by rule shall adopt a form to standardize
   51-7  information concerning complaints made to the Board.  The Board by
   51-8  rule shall prescribe information to be provided to a person when
   51-9  the person files a complaint with the Board.
  51-10        (f)  The Board shall provide reasonable assistance to a
  51-11  person who wishes to file a complaint with the Board.
  51-12        SECTION 3.10.  Chapter 366, Acts of the 61st Legislature,
  51-13  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  51-14  Civil Statutes), is amended by adding Sections 12C and 12D to read
  51-15  as follows:
  51-16        Sec. 12C.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  51-17  Board shall adopt rules concerning the investigation of a complaint
  51-18  filed with the Board.  The rules adopted under this subsection
  51-19  shall:
  51-20              (1)  distinguish between categories of complaints;
  51-21              (2)  ensure that complaints are not dismissed without
  51-22  appropriate consideration;
  51-23              (3)  require that the Board be advised of a complaint
  51-24  that is dismissed and that a letter be sent to the person who filed
  51-25  the complaint explaining the action taken on the dismissed
  51-26  complaint;
  51-27              (4)  ensure that the person who filed the complaint has
   52-1  an opportunity to explain the allegations made in the complaint;
   52-2  and
   52-3              (5)  prescribe guidelines concerning the categories of
   52-4  complaints that require the use of a private investigator and the
   52-5  procedures for the Board to obtain the services of a private
   52-6  investigator.
   52-7        (b)  The Board shall dispose of all complaints in a timely
   52-8  manner.  The Board shall establish a timeline for conducting each
   52-9  phase of a complaint that is under the control of the Board not
  52-10  later than the 30th day after the date the complaint is received by
  52-11  the Board.  The timeline shall be kept in the information file for
  52-12  the complaint and all parties shall be notified of the projected
  52-13  time requirements for pursuing the complaint.  A change in the
  52-14  timeline must be noted in the complaint information file and all
  52-15  parties to the complaint must be notified not later than the
  52-16  seventh day after the date the change is made.
  52-17        (c)  The director of the Board shall notify the Board of a
  52-18  complaint that extends beyond the time prescribed by the Board for
  52-19  resolving the complaint so that the Board may take necessary action
  52-20  on the complaint.
  52-21        Sec. 12D.  INFORMAL PROCEEDINGS.  (a)  The Board by rule
  52-22  shall adopt procedures governing:
  52-23              (1)  informal disposition of a contested case under
  52-24  Section 13(e), Administrative Procedure and Texas Register Act
  52-25  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  52-26  subsequent amendments; and
  52-27              (2)  informal proceedings held in compliance with
   53-1  Section 18(c), Administrative Procedure and Texas Register Act
   53-2  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   53-3  subsequent amendments.
   53-4        (b)  Rules adopted under this section must provide the
   53-5  complainant and the licensee an opportunity to be heard and must
   53-6  require the presence of a representative of the office of the
   53-7  attorney general to advise the Board or Board's employees.
   53-8        SECTION 3.11.  Chapter 366, Acts of the 61st Legislature,
   53-9  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  53-10  Civil Statutes), is amended by adding Section 12E to read as
  53-11  follows:
  53-12        Sec. 12E.  MONITORING OF LICENSE HOLDER.  The Board by rule
  53-13  shall develop a system for monitoring license holders' compliance
  53-14  with the requirements of this Act.  Rules adopted under this
  53-15  section shall include procedures for monitoring a license holder
  53-16  who is ordered by the Board to perform certain acts to ascertain
  53-17  that the license holder performs the required acts and to identify
  53-18  and monitor license holders who represent a risk to the public.
  53-19        SECTION 3.12.   Section 13, Chapter 366, Acts of the 61st
  53-20  Legislature, Regular Session, 1969 (Article 4566-1.13, Vernon's
  53-21  Texas Civil Statutes), is amended to read as follows:
  53-22        Sec. 13.  Renewal of license.  (a)  The Board by rule may
  53-23  adopt a system under which licenses expire on various dates during
  53-24  the year.  For the year in which the license expiration date is
  53-25  changed, license fees payable on September 1 shall be prorated on a
  53-26  monthly basis so that each licensee shall pay only that portion of
  53-27  the license fee that is allocable to the number of months during
   54-1  which the license is valid.  On renewal of the license on the new
   54-2  expiration date, the total license renewal fee is payable <Each
   54-3  license to fit and dispense hearing aids shall be issued for the
   54-4  term of one year and shall, unless suspended or revoked, be renewed
   54-5  annually on September 1 on payment of the renewal fee>.
   54-6        (b)  A person may renew an <his> unexpired license by paying
   54-7  to the Board before the expiration date of the license the required
   54-8  renewal fee.
   54-9        (c)  If a person's license has been expired for <not more
  54-10  than> 90 days or less, the person may renew the license by paying
  54-11  to the Board the required renewal fee and a fee that is one-half of
  54-12  the examination fee for the license.
  54-13        (d)  If a person's license has been expired for more than 90
  54-14  days but less than one year <two years>, the person may renew the
  54-15  license by paying to the Board all unpaid renewal fees and a fee
  54-16  that is equal to the examination fee for the license.
  54-17        (e)  If a person's license has been expired for one year <two
  54-18  years> or more, the person may not renew the license.  The person
  54-19  may obtain a new license by submitting to reexamination and
  54-20  complying with the requirements and procedures for obtaining an
  54-21  original license.  However, the Board may renew without examination
  54-22  an expired license of a person who was licensed in this state,
  54-23  moved to another state, and is currently licensed and has been in
  54-24  practice in the other state for the two years preceding
  54-25  application.  The person must pay to the Board a fee that is equal
  54-26  to the examination fee for the license.
  54-27        (f)  At least 30 days before the expiration of a person's
   55-1  license, the Board shall send written notice of the impending
   55-2  license expiration to the person at the licensee's last known
   55-3  address according to the records of the Board.
   55-4        (g)  Before a license can be renewed, the Board shall require
   55-5  certification that all testing equipment, both portable and
   55-6  stationary, used by the licensee has been calibrated within one
   55-7  year prior to the renewal date.
   55-8        (h) <(g)>  Before a license can be renewed, a licensee must
   55-9  demonstrate compliance with the requirements of continuing
  55-10  education established by the Board under Subsection (e) <(i)> of
  55-11  Section 4 of this Act.
  55-12        <On written request, the Board shall provide an alternative
  55-13  mechanism for meeting the continuing education requirement through
  55-14  examination.>
  55-15        <The Board may waive compliance with the continuing education
  55-16  requirement for license renewal in an individual case upon evidence
  55-17  of hardship or inability to meet the requirement.  The waiver may
  55-18  be granted after review by the Board on an annual basis.>
  55-19        (i) <(h)>  Fitting and dispensing hearing aids without an
  55-20  annual renewal certificate for the current year as provided herein
  55-21  shall have the same force and effect and be subject to the same
  55-22  penalties as fitting and dispensing hearing aids without a license.
  55-23        (j) <(i)>  The Board shall issue a duplicate license to any
  55-24  licensee whose license has been lost or destroyed and the Board
  55-25  shall have the authority to prescribe the procedure and
  55-26  requirements for the issuance of the duplicate license.
  55-27        SECTION 3.13.   Chapter 366, Acts of the 61st Legislature,
   56-1  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
   56-2  Civil Statutes), is amended by adding Section 13B to read as
   56-3  follows:
   56-4        Sec. 13B.  INACTIVE STATUS.  The Board by rule may provide
   56-5  for a person who holds a license under this Act to be placed on
   56-6  inactive status.  Rules adopted under this section shall include a
   56-7  time limit for a license holder to remain on inactive status.
   56-8        SECTION 3.14.  Section 15(a), Chapter 366, Acts of the 61st
   56-9  Legislature, Regular Session, 1969 (Article 4566-1.15, Vernon's
  56-10  Texas Civil Statutes), is amended to read as follows:
  56-11        (a)  It is unlawful for any person to:
  56-12              (1)  buy, sell, or fraudulently obtain a license to fit
  56-13  and dispense hearing aids or aid or abet therein;
  56-14              (2)  alter a license to fit and dispense hearing aids
  56-15  with the intent to defraud;
  56-16              (3)  willfully make a false statement in an application
  56-17  to the <Texas> Board <of Examiners of Fitters and Dispensers of
  56-18  Hearing Aids> for a license, a temporary training permit or for the
  56-19  renewal of a license;
  56-20              (4)  falsely impersonate any person duly licensed as a
  56-21  fitter and dispenser of hearing aids under the provisions of this
  56-22  Act;
  56-23              (5)  offer or hold himself out as authorized to fit and
  56-24  dispense hearing aids, or use in connection with his name any
  56-25  designation tending to imply that he is authorized to engage in the
  56-26  fitting and dispensing of hearing aids, if not so licensed under
  56-27  the provisions of this Act;
   57-1              (6)  engage in the fitting and dispensing of hearing
   57-2  aids during the time his license shall be cancelled, suspended or
   57-3  revoked; or
   57-4              (7)  dispense or fit a hearing aid on any individual
   57-5  who has ordered such hearing aid or device by mail unless the
   57-6  person dispensing and fitting such hearing aid or device is
   57-7  licensed under this Act.
   57-8      ARTICLE 4.  TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
   57-9        SECTION 4.01.  (a)  As soon as possible after the effective
  57-10  date of this Act, the governor shall appoint the initial members of
  57-11  the Board of Examiners for Speech and Hearing Professionals in
  57-12  accordance with Article 4566a, Revised Statutes, as added by this
  57-13  Act.  In making the initial appointments, the governor shall
  57-14  designate members to serve terms as follows:
  57-15              (1)  one member licensed as a hearing aid fitter and
  57-16  dispenser, one member licensed as an audiologist, and one public
  57-17  member serve for terms expiring February 1, 1995;
  57-18              (2)  one member licensed as a hearing aid fitter and
  57-19  dispenser, one member licensed as an audiologist, and one member
  57-20  licensed as a speech-language pathologist serve for terms expiring
  57-21  February 1, 1997; and
  57-22              (3)  one member licensed as a speech-language
  57-23  pathologist and two public members serve for terms expiring
  57-24  February 1, 1999.
  57-25        (b)  The Board of Examiners for Speech and Hearing
  57-26  Professionals may not take any action and is not created until the
  57-27  day after the date that the last appointee to the initial board
   58-1  takes office.  On the date of its creation, the board assumes its
   58-2  functions and:
   58-3              (1)  the State Committee of Examiners for
   58-4  Speech-Language Pathology and Audiology and the Texas Board of
   58-5  Examiners in the Fitting and Dispensing of Hearing Aids are
   58-6  abolished;
   58-7              (2)  the obligations, rights, contracts, records and
   58-8  other property, and personnel of, and unspent money appropriated to
   58-9  or for, the abolished committee and board are transferred to the
  58-10  Board of Examiners for Speech and Hearing Professionals;
  58-11              (3)  the rules of the abolished committee and board are
  58-12  continued in effect as rules of the Board of Examiners for Speech
  58-13  and Hearing Professionals until superseded by rule of the new
  58-14  board;
  58-15              (4)  the licenses in effect that were issued by the
  58-16  abolished committee or board are continued in effect as licenses of
  58-17  the Board of Examiners for Speech and Hearing Professionals;
  58-18              (5)  a complaint or investigation pending before the
  58-19  abolished committee or board is transferred without change in
  58-20  status to the Board of Examiners for Speech and Hearing
  58-21  Professionals;
  58-22              (6)  a contested case pending before the abolished
  58-23  committee or board is transferred to the State Office of
  58-24  Administrative Hearings and actions taken in the proceeding are
  58-25  treated as if taken by the State Office of Administrative Hearings;
  58-26  and
  58-27              (7)  any reference in a law to the abolished committee
   59-1  or board means the Board of Examiners for Speech and Hearing
   59-2  Professionals.
   59-3        (c)  Regardless of the changes in law made by this Act, until
   59-4  the date that the State Committee of Examiners for Speech-Language
   59-5  Pathology and Audiology and the Texas Board of Examiners in the
   59-6  Fitting and Dispensing of Hearing Aids are abolished as provided by
   59-7  this section, the committee and board continue in existence and
   59-8  shall administer their functions under the law that governed the
   59-9  committee or board before the effective date of this Act, and the
  59-10  prior law is continued in effect for that purpose.
  59-11        (d)  The Board of Examiners for Speech and Hearing
  59-12  Professionals shall adopt rules under this Act not later than
  59-13  December 1, 1993.
  59-14        SECTION 4.02.  The following laws are repealed:
  59-15              (1)  Sections 3, 4, 6, 7, and 22, Chapter 381, Acts of
  59-16  the 68th Legislature, Regular Session, 1983 (Article 4512j,
  59-17  Vernon's Texas Civil Statutes); and
  59-18              (2)  Sections 2, 3, 4A, and 13A, Chapter 366, Acts of
  59-19  the 61st Legislature, Regular Session, 1969 (Article 4566-1.01 et
  59-20  seq., Vernon's Texas Civil Statutes).
  59-21        SECTION 4.03.  This Act takes effect September 1, 1993.
  59-22        SECTION 4.04.  The importance of this legislation and the
  59-23  crowded condition of the calendars in both houses create an
  59-24  emergency and an imperative public necessity that the
  59-25  constitutional rule requiring bills to be read on three several
  59-26  days in each house be suspended, and this rule is hereby suspended.