By Hochberg H.B. No. 2759
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of persons engaged in the
1-3 practice of speech-language pathology and audiology.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 Section 1. Chapter 381, Acts of the 68th Legislature,
1-6 Regular Session, 1983, (Article 4512j), Vernon's Texas Civil
1-7 Statutes, is amended to read as follows:
1-8 SECTION 1. Purpose. It is the policy of this state in order
1-9 to safeguard the public health, safety, and welfare and to protect
1-10 the public from unprofessional conduct by speech-language
1-11 pathologists and audiologists it is necessary to provide regulatory
1-12 authority over persons offering speech-language and audiology
1-13 services to the public.
1-14 SECTION 2. Definitions. In this Act:
1-15 <(1) "Board" means the Texas Board of Health.>
1-16 (1) <(2)> "Board" <Committee> means the State Board
1-17 <Committee> of Examiners for Speech-Language Pathology and
1-18 Audiology.
1-19 (2) <(3)> "Department" means the Texas Department of
1-20 Health.
1-21 (3) <(4)> "Person" means an individual, corporation,
1-22 partnership, or other legal entity.
1-23 (4) <(5)> "Speech-language pathologist" means an
2-1 individual who practices speech-language pathology, who makes a
2-2 nonmedical evaluation, who examines, counsels, or provides
2-3 habilitative or rehabilitative services for persons who have or are
2-4 suspected of having speech, voice, or language disorders, and who
2-5 meets the qualifications <set forth in the> of this Act.
2-6 (5) <(6)> "The practice of speech-language pathology"
2-7 means the application of nonmedical principles, methods, and
2-8 procedures for the measurement, testing, evaluation, prediction,
2-9 counseling, habilitation, rehabilitation, or instruction related to
2-10 the development and disorders of communication to include: speech,
2-11 voice, <or> language, oral pharyngeal function or cognitive
2-12 processes for the purpose of rendering or offering to render an
2-13 evaluation, prevention, or modification of these disorders and
2-14 conditions in individuals or groups of individuals.
2-15 Speech-language pathologists may perform <the> basic audiometric
2-16 screening tests and aural rehabilitation and/or habilitation.
2-17 <hearing therapy procedures> consistent with their training.
2-18 (6) <(7)> "Audiologist" means a person who practices
2-19 audiology, who makes a nonmedical evaluation, who examines,
2-20 counsels, or provides habilitative or rehabilitative services for
2-21 persons who have or are suspected of having a hearing or vestibular
2-22 disorder, and who meets the qualifications <set forth in the> of
2-23 this Act.
2-24 (7) <(8)> "The practice of audiology" means the
2-25 application of nonmedical principles, methods, and procedures for
3-1 the measurement, testing, appraisal, prediction, consultation,
3-2 counseling, habilitation, rehabilitation, or instruction related to
3-3 disorders of the auditory or vestibular systems <hearing and
3-4 disorders of hearing and> for the purpose of rendering or offering
3-5 to render services modifying communicative disorders involving
3-6 speech, language, auditory or vestibular function, or other
3-7 aberrant behavior relating to hearing loss. An audiologist may
3-8 engage in any tasks, procedures, acts, or practices that are
3-9 necessary (A) for the evaluation of hearing; (B) for training in
3-10 the use of amplification including hearing aids; <or> (C) for the
3-11 making of earmolds for hearing aids; (D) for the fitting,
3-12 dispensing and sale of hearing aids; or (E) for the management of
3-13 cerumen. An audiologist may participate in consultation regarding
3-14 noise control and hearing conservation, may provide evaluations of
3-15 environment or equipment including calibration of equipment used in
3-16 testing auditory functioning and hearing conservation, and may
3-17 perform the basic speech and language screening tests and
3-18 procedures consistent with his or her training.
3-19 (8) <(9)> A "Licensed Assistant in Speech-language
3-20 pathology <aide>" means a person who meets minimum qualifications
3-21 which the Board <Committee> may establish for speech-language
3-22 pathology licensed Assistants <aides> and who works under the
3-23 direction of a licensed speech-language pathologist. The
3-24 qualifications for licensure as a speech-language pathology
3-25 licensed Assistant <aide> shall be uniform and shall be less than
4-1 those established by this Act as necessary for licensure as a
4-2 speech-language pathologist.
4-3 (9) <(10)> A "licensed Assistant in Audiology"
4-4 <"Audiology aide"> means a person who meets minimum qualifications
4-5 which the Board <Committee> may establish for audiology licensed
4-6 Assistants <aides> and who works under the direction of a licensed
4-7 audiologist. The qualifications for licensure as an audiology
4-8 licensed Assistant <aide> shall be uniform and shall be less than
4-9 those established by this Act as necessary for licensure as an
4-10 audiologist.
4-11 SECTION 3. BOARD <Committee>; Membership. (a) The State
4-12 Board <Committee> of Examiners for Speech Pathology and Audiology
4-13 is created within the Texas Department of Health. The Board
4-14 <Committee> consists of nine members appointed by the governor.
4-15 <to take office on the effective date of this Act.> Members of the
4-16 Board <Committee> must have been residents of the State of Texas
4-17 for two years immediately preceding appointment and must be
4-18 representative of varying regions of the state and from varying
4-19 employment settings. Six members must have been engaged in
4-20 rendering services, teaching, or research in speech-language
4-21 pathology or audiology for at least five years and must meet the
4-22 qualifications for full licensure under this Act. Of these six
4-23 members, three members shall be audiologists, three members shall
4-24 be speech-language pathologists. <Except for the initial
4-25 appointees.> All six shall hold valid licenses under this Act.
5-1 Three members shall be selected from the general public. One of
5-2 the three public members of the Board <Committee> must be a
5-3 physician licensed to practice in the State of Texas and board
5-4 certified in otolaryngology or pediatrics. The two remaining
5-5 public members may not:
5-6 (1) be licensed by an occupational regulatory agency
5-7 in the field of health care;
5-8 (2) be employed by and participating in the management
5-9 of an agency or business entity that provides health-care services
5-10 or that sells, manufactures, or distributes health-care supplies or
5-11 equipment;
5-12 (3) own, control, or have a direct or indirect
5-13 interest in more than 10 percent of a business entity that provides
5-14 health-care services or that sells, manufactures, or distributes
5-15 health-care supplies or equipment; or
5-16 (4) be an officer, employee, or paid consultant of a
5-17 trade association in the field of health care. A member of the
5-18 Board <Committee> may not be related within the second degree of
5-19 affinity or consanguinity to a person who is an officer, employee,
5-20 or a paid consultant of a trade association in the health-care
5-21 field.
5-22 (b) An appointment to the Board <Committee> shall be made
5-23 without regard to the race, creed, sex, religion, or national
5-24 origin of the appointee.
5-25 (c) A person who is required to register as a lobbyist under
6-1 Chapter 305, Government Code, in a health-related area may not
6-2 serve as a member of the board or act as the general counsel to the
6-3 board.
6-4 SECTION 4. Terms; Officers; Quorum; Expenses. (a) <The
6-5 term of initial appointees to the board shall be determined by lot
6-6 as follows: three members are appointed for terms which expire
6-7 August 31, 1985; three members are appointed for terms which expire
6-8 August 31, 1987; and three members are appointed for terms which
6-9 expire August 31, 1989. After the initial appointments,> Members
6-10 are appointed for staggered terms of six years, with three terms
6-11 beginning September 1 of each odd-numbered year. Members of the
6-12 Board <Committee> shall serve until the expiration of the term to
6-13 which they have been appointed or until their successors have
6-14 qualified. A person may not be appointed to serve more than two
6-15 consecutive terms.
6-16 (b) The Board <Committee> shall be organized annually and
6-17 select a chairperson, vice-chairperson, and a secretary/treasurer.
6-18 <The initial chairperson shall be a person who meets the
6-19 qualifications for licensing under this Act. After September 1,
6-20 1984> The chairperson shall hold a valid license under this Act.
6-21 (c) Five members of the Board <Committee> constitute a
6-22 quorum. <to do business.>
6-23 (d) The Board <Committee> shall hold at least two regular
6-24 meetings each year. <at which time an examination as defined in
6-25 Section 12 of this Act shall be offered>. Additional meetings may
7-1 be held on the call of the chairperson or at the written request of
7-2 any three members of the Board <Committee>. <At least 14 days
7-3 advance notice of the committee meeting is required>. The Open
7-4 Meetings Act requires seven days notice for all states agencies.
7-5 (e) Board <Committee> members receive no compensation for
7-6 their services; however, each member of the Board <Committee> is
7-7 entitled to a per diem and travel allowance at the rate set by the
7-8 legislature for state employees in the General Appropriations Act
7-9 for each day that the member engages in the business of the Board
7-10 <Committee>.
7-11 SECTION 5. Duties and Powers of the BOARD <Committee>.
7-12 (a) <Subject to the approval of the board,> The Board <Committee>
7-13 shall adopt rules necessary to administer and enforce this Act,
7-14 including rules that establish standards of ethical practice.
7-15 (b) With the assistance of the department, the Board
7-16 <Committee> shall administer, coordinate, and enforce the
7-17 provisions of this Act; evaluate the qualifications of applicants;
7-18 provide for the examination of applicants, and issue subpoenas,
7-19 examine witnesses, and administer oaths under the laws of the State
7-20 of Texas.
7-21 (c) With the assistance of the department and in accordance
7-22 with the Administrative Procedure and Texas Register Act, as
7-23 amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
7-24 Board <Committee> shall conduct hearings and keep records and
7-25 minutes necessary to the orderly administration of this Act.
8-1 (d) The Board <Committee> with the aid of the department
8-2 shall investigate persons engaging in practices that violate the
8-3 provisions of the Act.
8-4 (e) A person who holds a license to practice speech-language
8-5 pathology or audiology in this state is governed and controlled by
8-6 the rules adopted by the Board <Committee>. <and approved by the
8-7 board of health.>
8-8 (f) The conferral or enumeration of specific powers
8-9 elsewhere in this Act shall not be construed as a limitation of the
8-10 general powers conferred by this section.
8-11 (g) The Board <Committee> shall be represented by the
8-12 attorney general and the district and county attorneys of this
8-13 state.
8-14 (h) The Board <Committee> may appoint subcommittees to work
8-15 under its jurisdiction <subject to the approval of the board>.
8-16 SECTION 6. Employees of the BOARD <Committee>. The Texas
8-17 Department of Health shall provide such administrative and clerical
8-18 employees as are necessary to carry out the provisions of this Act.
8-19 SECTION 7. Seal and Authentication of Records. The Board
8-20 <Committee> shall adopt a seal by which it shall authenticate its
8-21 proceedings. Copies of the proceedings, records, and acts of the
8-22 Board <Committee> and certificates purporting to relate the facts
8-23 concerning the proceedings, records, and acts, signed by the
8-24 secretary-treasurer and authenticated by the seal, are prima facie
8-25 evidence in all courts of this state.
9-1 SECTION 8. Licensing and Regulation of Speech-Language
9-2 Pathologists and Audiologists. (a) Licenses shall be granted
9-3 either in speech-language pathology or audiology independently.
9-4 Persons may be licensed in both areas if they meet the
9-5 qualifications. The Board shall establish, by Rule, qualifications
9-6 of dual licensure in speech-language pathology and audiology and
9-7 may develop other levels of licensure and establish rules of
9-8 qualification.
9-9 (b) A person may not practice or represent himself or
9-10 herself as a speech-language pathologist or audiologist in this
9-11 state <after August 31, 1984>, unless he or she is licensed in
9-12 accordance with the provisions of the Act.
9-13 (c) Any violation of the subsection shall constitute a
9-14 deceptive trade practice.
9-15 SECTION 9. Persons and Practices Not Affected. (a) This
9-16 Act does not prevent qualified persons licensed in this state under
9-17 another law from engaging in the profession for which they are
9-18 licensed.
9-19 (b) This Act does not prevent or restrict the activities and
9-20 services and the use of an official title by persons holding a
9-21 valid and current certification in speech-language pathology <and
9-22 hearing therapy> from the Central Education Agency if those persons
9-23 perform speech-language pathology or audiology services solely as a
9-24 part of their duties within an agency, institution, or organization
9-25 under the jurisdiction of the Central Education Agency. Effective
10-1 September 1, 1994, the Central Education Agency Certificate in
10-2 Speech-Language Pathology shall require the applicant to hold a
10-3 masters degree in Communicative Disorders, or its "equivalent",
10-4 from a university program accredited by the American
10-5 Speech-Language-Hearing Association, and pass a national
10-6 examination in speech-language pathology or audiology as approved
10-7 by the Board. If persons affected by this subsection perform work
10-8 as a speech-language pathologist or audiologist apart from their
10-9 positions within an agency, institution, or organization of the
10-10 Central Education Agency, they must have a license issued by the
10-11 Committee, except that a person affected by this subsection may
10-12 perform speech and hearing screening procedures without
10-13 compensation without having a license issued by the Committee.
10-14 (c) "Equivalent" shall be defined as graduate level
10-15 coursework and practicum from a program accredited by the American
10-16 Speech-Language-Hearing Association. Coursework and practicum
10-17 requirements shall be the same as that established by the State
10-18 Board of Examiners for Speech-Language Pathology and Audiology for
10-19 the license in speech-language pathology or audiology. The
10-20 Clinical Fellowship Year experience or internship shall not be a
10-21 requirement for the Central Education Agency Certificate in
10-22 Speech-Language Pathology.
10-23 (d) <(c)> This Act does not restrict the activities and
10-24 services of students <or interns> pursuing a course of study
10-25 leading to a degree in speech-language pathology at a college or
11-1 university accredited by the Southern Association of College and
11-2 Universities or its equivalent, provided that these activities and
11-3 services constitute a part of their supervised course of study; <or
11-4 internship year; that after September 1, 1984>, and they are
11-5 supervised by a person licensed under this Act; and that they are
11-6 designated by a title such as <"Speech-Language Pathology Intern"
11-7 or> "Speech-Language Pathology Trainee" or other title clearly
11-8 indicating their professional preparation <the training> status.
11-9 <appropriate to their level of training.>
11-10 (e) <(d)> This Act does not restrict activities and services
11-11 of students <or interns> in audiology pursuing a course of study
11-12 leading to a degree in audiology at a college or university
11-13 accredited by the Southern Association of Colleges and Universities
11-14 or its equivalent, provided that these activities and services
11-15 constitute a part of their supervised course of study <or
11-16 internship year>; <that after September 1, 1984>, and they are
11-17 supervised by a person licensed under this Act; and that they are
11-18 designated by a title such as <"Audiology Intern" or> "Audiology
11-19 Trainee" or other title clearly indicating <the training> their
11-20 professional preparation status. <appropriate to their level of
11-21 training>. Students and interns in audiology are exempt from
11-22 provisions of Article 4566 VTCS provided that these activities and
11-23 services constitute a part of their supervised course of study or
11-24 internship experience. Students working outside the college or
11-25 university clinic should be registered with the Board and interns
12-1 must obtain a temporary or provisional license.
12-2 <(e) This Act does not restrict the performance of
12-3 speech-language pathology or audiology services in this state by a
12-4 person not a resident of this state who is not licensed under this
12-5 Act, if the services are performed for no more than five days in a
12-6 calendar year and if the person meets the qualifications and
12-7 requirements for application for licensure under this Act.>
12-8 (f) This Act does not restrict the use of an official title
12-9 by an individual teaching in a university or college training
12-10 program, provided that the person is not engaged in the practice of
12-11 speech-language pathology or audiology and does not supervise
12-12 persons engaged in the practice of speech-language pathology or
12-13 audiology.
12-14 (g) This Act does not permit a person to perform an act that
12-15 would be in violation of the Medical Practice Act (Article 4495b,
12-16 Vernon's Texas Civil Statutes). <This Act does not permit a person
12-17 to provide medical or surgical diagnosis or treatment of laryngeal
12-18 or ear disorders.>
12-19 (h) Nothing in this Act shall be construed as restricting or
12-20 preventing a physician or surgeon from engaging in the practice of
12-21 medicine in this state. This Act does not restrict speech or
12-22 hearing testing or evaluation personally conducted by a licensed
12-23 physician or surgeon.
12-24 <(i) This Act does not apply to persons employed by the
12-25 Texas Department of Health in its programs concerned with hearing
13-1 or speech services as long as they are performing duties under the
13-2 jurisdiction of the Texas Department of Health.>
13-3 (i) <(j)> This Act does not apply to a person who shows
13-4 evidence of having received training by the Texas Department of
13-5 Health in one of the communication, speech, language, and/or
13-6 hearing screening training programs approved by that agency,
13-7 provided that all activities performed under this exception shall
13-8 be limited to screening <of hearing sensitivity,> as defined by the
13-9 Board. Individuals who have received training by the Texas
13-10 Department of Health in one of the communication, speech, language,
13-11 and/or hearing screening training programs approved by the
13-12 Department may not practice speech-language pathology or audiology
13-13 or represent themselves as a speech-language pathologist or
13-14 audiologist.
13-15 <(k) This Act does not license a person to sell hearing aids
13-16 as defined in Chapter 366, Acts of the 61st Legislature, Regular
13-17 Session, 1969, as amended (Article 4566-1.01 et seq., Vernon's
13-18 Texas Civil Statutes).>
13-19 (j) <(l)> Every person engaging in the fitting, dispensing
13-20 or sale of hearing instruments in this State shall be licensed by
13-21 either Article 4566VTCS or 4512j, VTCS. Persons meeting the
13-22 requirements for licensure as an audiologist shall not be required
13-23 to meet additional requirements under Article 4566 VTCS. This Act
13-24 does not prevent or restrict a person licensed under Article 4566
13-25 VTCS <by the Texas Board of Examiners in the Fitting and Dispensing
14-1 of Hearing Aids> from engaging in the practice of fitting and
14-2 dispensing hearing aids. Non-audiologists who are licensed to fit
14-3 and dispense hearing aids under Article 4566 VTCS shall not
14-4 practice speech-language pathology or audiology or represent
14-5 themselves to the public as a speech-language pathologist or
14-6 audiologist or other professional term restricted by this Act.
14-7 (k) <(m)> This Act does not prevent persons in an industrial
14-8 setting from engaging in hearing testing as a part of a hearing
14-9 conservation program in compliance with regulations of the
14-10 Occupational Safety and Health Administration, provided that such
14-11 person are certified by an agency acceptable to the Occupational
14-12 Safety and Health Administration.
14-13 (l) <(n)> This Act does not prevent or restrict
14-14 communication, speech, language and/or hearing <sensitivity
14-15 screening> screenings, <evaluations> as defined by the Board,
14-16 conducted by registered nurses licensed by the laws of this state
14-17 and practicing in accordance with the standards of professional
14-18 conduct and ethics promulgated by the rules and regulations of the
14-19 Board of Nurse Examiners.
14-20 <(o) This Act does not prevent the use of the title
14-21 "Certified Hearing Aid Audiologist" by a person so certified by the
14-22 National Hearing Aid Association if the person is a licensed
14-23 hearing aid dispenser and uses the title solely in connection with
14-24 fitting and dispensing hearing aids and does not represent himself
14-25 to be a licensed audiologist under this Act.>
15-1 <(p) Nothing in this Act shall be construed as restricting
15-2 or preventing a licensed psychologist from engaging in the practice
15-3 of psychology within the scope of the activities permitted under
15-4 that license.>
15-5 SECTION 10. Qualification of Applicants for License. (a)
15-6 To be eligible for licensing as a speech-language pathologist or
15-7 audiologist, an applicant must:
15-8 (1) possess <at least> a minimum of a master's degree
15-9 with a major in at least one of the areas of communicative sciences
15-10 and/or disorders from a program accredited by the American
15-11 Speech-Language-Hearing Association in an accredited or approved
15-12 college or university; <with a major in speech-language pathology
15-13 is, required for a speech language pathologist license and a
15-14 masters degree with a major in audiology is required for a license
15-15 as a audiologist or audiology from an accredited or approved
15-16 college or university;>
15-17 (2) submit transcripts from one or more colleges or
15-18 universities showing successful completion of course work in
15-19 amounts set by the Board <Committee with the approval of the board>
15-20 in the following areas:
15-21 (A) information about normal development and use
15-22 of speech, language, and hearing;
15-23 (B) information about evaluation, habilitation,
15-24 and rehabilitation of speech, language, and hearing disorders; and
15-25 (C) information pertaining to related fields
16-1 that augment the work of clinical practitioners of speech-language
16-2 pathology and audiology;
16-3 (3) have successfully completed at least a 36 <30>
16-4 semester hours in courses that are acceptable toward a graduate
16-5 degree by the college or university in which they are taken, at
16-6 least 24 <21> of which are within the professional area for which
16-7 the license is requested and at least six of which are in audiology
16-8 for the applicant for a license in speech-language pathology
16-9 <license> or at least six of which are in speech-language pathology
16-10 for the applicant for a license in audiology;
16-11 (4) have completed <a minimum of 300 clock hours of>
16-12 the minimum number of hours established by the Board of supervised
16-13 clinical experience with individuals who present a variety of
16-14 communication disorders. <and> This experience must have been
16-15 obtained within his or her educational <training> institution or in
16-16 one of its cooperating programs and under the supervision of a
16-17 person holding a valid license to practice speech-language
16-18 pathology or audiology; <provided during the first year of this
16-19 Act, The supervision may be under a person who would have met the
16-20 qualifications for a license under this Act;> and
16-21 (5) have obtained <the equivalent of nine months of>
16-22 full-time supervised professional experience as defined by the
16-23 Board in which bona fide clinical work has been accomplished in the
16-24 major professional area for which the license is being sought,
16-25 under the supervision of a qualified person acceptable to the Board
17-1 <Committee> pursuant to guidelines approved by the Board. <board
17-2 which> The supervised professional experience must have begun after
17-3 completion of the academic and clinical experience required by this
17-4 section.
17-5 (b) An applicant who has met the requirements of Subsection
17-6 (a)(1)-(4) of this section must be licensed as an intern under this
17-7 Act. An applicant who has successfully completed all academic and
17-8 clinical experience as required by Subsection (a)(1)-(4) of this
17-9 section but who has not had the degree officially conferred must be
17-10 licensed as an intern under this Act. The Board by rule shall
17-11 prescribe the terms by which an applicant may practice under an
17-12 intern's license under this subsection. The Board by rule shall
17-13 establish general guidelines and renewal procedures for the and
17-14 intern license.
17-15 SECTION 11. Application for License. Each person desiring a
17-16 license under this Act shall make application to the Board
17-17 <Committee> on a form and in the manner the Board <Committee>
17-18 prescribes. The application shall be accompanied by the
17-19 application fee which may be refunded by the Board <Committee>.
17-20 SECTION 12. Examination. (a) Each applicant shall pass a
17-21 validated examination approved <be examined> by the Board
17-22 <Committee> and shall pay fees in a manner prescribed by the Board.
17-23 <to the committee, at least 30 days prior to the date of
17-24 examination, a nonrefundable examination fee prescribed by the
17-25 Committee.> The examination shall be <given> administered at least
18-1 twice each year. <at a time and place established by and under the
18-2 supervision of the Committee.>
18-3 (b) The Board by rule may establish procedures for the
18-4 administration of the examination. The Board <Committee> may
18-5 require a <examine by> written or oral examination or <by> both.
18-6 The Board <Committee> shall maintain a record of all examination
18-7 scores for at least two years after the date of examination.
18-8 (c) Standards for acceptable performance shall be determined
18-9 by the Board <Committee>.
18-10 (d) The Board <Committee> may examine in whatever
18-11 theoretical or applied fields of speech-language pathology or
18-12 audiology it deems appropriate. It may examine the candidates with
18-13 regard to their professional skills and their judgment in the
18-14 utilization of speech-language pathology or audiology techniques or
18-15 methods.
18-16 (e) Persons who fail the examination may be examined at a
18-17 subsequent time if they pay another nonrefundable examination fee.
18-18 No applicant who has taken and failed to pass two examinations may
18-19 take the examination until the person has submitted a new
18-20 application together with a nonrefundable application fee and
18-21 presented evidence acceptable to the Board <Committee> of
18-22 additional study in the area for which licensure is sought. A
18-23 person who fails a licensing examination administered under this
18-24 Act should contact the testing service administering the
18-25 examination to request an analysis of the person's performance on
19-1 the examination.
19-2 (f) Not later than the 30th day after the date on which a
19-3 licensing examination is administered under this Act, the Board
19-4 shall notify each examinee of the results of the examination.
19-5 However, if an examination is graded or reviewed by a national or
19-6 state testing service, and the testing service does not directly
19-7 notify examinees of the results of the examination, the Board shall
19-8 notify examinees of the results of the examination not later than
19-9 the 14th day after the date on which the Board receives the results
19-10 from the testing service. If the notice of examination results
19-11 graded or reviewed by a national testing service will be delayed
19-12 for longer than 90 days after the examination date, the Board shall
19-13 notify the examinee of the reason for the delay before the 90th
19-14 day. <The Committee may waive the examination for applicants who:>
19-15 <(1) present proof of current licensure in another
19-16 state, including the District of Columbia, or territory of the
19-17 United States which maintains professional standards considered by
19-18 the Committee to be equivalent to those set forth in this Act; or>
19-19 <(2) hold the Certificate of Clinical Competence of
19-20 the American Speech-Language Hearing Association in the area for
19-21 which a license is being sought.>
19-22 SECTION 13. Licensing under Special Conditions. <(a) The
19-23 Committee on request must waive educational, professional
19-24 experience, and examination requirements for licensure in
19-25 speech-language pathology for applicants who hold a baccalaureate
20-1 or graduate degree, are fully certified by the Central Education
20-2 Agency in speech and hearing therapy or in the judgment of the
20-3 Committee have met equivalent requirements, and within two years
20-4 prior to the effective date of this Act were engaged in the
20-5 practice of speech pathology on proof of bona fide practice of
20-6 speech pathology, presented to the Committee in the manner
20-7 prescribed by the Committee's rules, provided they file an
20-8 application for licensure with the Committee or the board of health
20-9 before January 1, 1986. Such licenses shall be issued without
20-10 delay and shall be renewed in the same manner as licenses granted
20-11 under other provisions of this Act.>
20-12 <(b) The Committee on request shall waive educational and
20-13 professional experience requirements for a license in audiology for
20-14 an applicant who, on the effective date of this Act, holds a
20-15 graduate degree from an accredited institution of higher education
20-16 with a major in speech-language pathology or audiology, and has
20-17 been continuously engaged in the practice of audiology for ten
20-18 years immediately preceding the effective date of this Act,
20-19 provided the applicant files an application for licensure with the
20-20 committee on or before January 1, 1986. Such an applicant must
20-21 pass the licensing examination under Section 12 of this Act not
20-22 later than August 31, 1986.>
20-23 (a) <(c)> The Board <Committee> may <waive the examination
20-24 and> grant a provisional license <licensure> to an applicant
20-25 who: <presents proof of current licensure in another state,
21-1 including the District of Columbia, or territory of the United
21-2 States which maintains professional standards considered by the
21-3 committee to be equivalent to those set forth in this Act.>
21-4 (1) possesses a license in good standing as a
21-5 speech-language pathologist or an audiologist in another state, the
21-6 District of Columbia, or a territory of the United States that has
21-7 licensing and professional requirements that are considered by the
21-8 Board to be substantially equivalent to the requirements of this
21-9 Act;
21-10 (2) has passed a national or other examination
21-11 relating to speech-language pathology or audiology that is
21-12 recognized by the Board; and
21-13 (3) is sponsored by a person licensed by the Board
21-14 under this Act with whom the provisional license holder may
21-15 practice under this section.
21-16 (b) an applicant for a provisional license may be excused
21-17 from the requirement of Subsection (a)(3) of this section if the
21-18 Board determines that compliance with that subsection constitutes a
21-19 hardship to the applicant.
21-20 (c) A provisional license is valid until the date the board
21-21 approves or denies the provisional license holder's application for
21-22 a license. The Board shall issue a license under this Act to the
21-23 holder of a provisional license under this section if:
21-24 (1) the provisional license holder passes the
21-25 examination required by Section 12 of this Act;
22-1 (2) the Board verifies that the provisional license
22-2 holder has the academic and experience requirements for a license
22-3 under this Act; and
22-4 (3) the provisional license holder satisfies any other
22-5 license requirements under this Act.
22-6 (d) The Board must complete the processing of a provisional
22-7 license holder's application for a license not later than the 180th
22-8 day after the date the provisional license is issued.
22-9 (e) <(d)> The Board <Committee> may waive the examination
22-10 and grant licensure to an applicant who holds the Certificate of
22-11 Clinical Competence of the American Speech-Language Hearing
22-12 Association <or has met equivalent requirements in the area for
22-13 which a license is sought>.
22-14 SECTION 14. Issuance of License. (a) The Board <Committee>
22-15 shall issue a license to an applicant who meets the requirements of
22-16 this Act and who pays to the Board <Committee> the initial
22-17 nonrefundable license fee.
22-18 (b) A temporary certificate of registration may be applied
22-19 for by a person who fulfills the requirements of Section 10 of this
22-20 Act and who has not previously applied to take the examination
22-21 provided under Section 12 of this Act.
22-22 (c) On receiving an application provided for under
22-23 Subsection (b) of this section accompanied by the nonrefundable
22-24 application fee, the Board <Committee> shall issue a temporary
22-25 certificate of registration which entitles the applicant to
23-1 practice audiology or speech-language pathology for a period ending
23-2 eight weeks after the conclusion of the next examination given
23-3 after the date of issue.
23-4 (d) <All licenses expire and become invalid one year from
23-5 the date of issuance if not renewed.> The Board may establish a
23-6 method of staggered dates for license renewal. For the year in
23-7 which the license expiration date is changed, license fees payable
23-8 on the original expiration date shall be prorated on a monthly
23-9 basis so that each licensee shall pay only that portion of the
23-10 license fee that is allocable to the number of months during which
23-11 the license is valid. On renewal of the license on the new
23-12 expiration date, the total license renewal fee is payable.
23-13 SECTION 14A. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
23-14 Board by rule may provide for the issuance of a temporary license.
23-15 (b) The Board by rule may provide for a person who holds a
23-16 license under this Act to be placed on inactive status. Rules
23-17 adopted under this section shall include a time limit for a license
23-18 holder to remain on inactive status.
23-19 SECTION 15. Renewal of License. (a) Each licensed
23-20 speech-language pathologist or audiologist shall annually pay the
23-21 nonrefundable renewal fee for a renewal of his license. A 60-day
23-22 grace period shall be allowed. After expiration of the grace
23-23 period, the Board <Committee> may renew each license after payment
23-24 of a penalty set by the rules. No person who applies for renewal
23-25 within two years after the date of expiration of the license may be
24-1 required to submit to an examination as a condition to renewal. An
24-2 application for licensure filed within two years after the date of
24-3 expiration of the person's license shall be considered an
24-4 application of renewal.
24-5 (b) Persons who fail to renew their license within two years
24-6 after the date of its expiration may not renew it, and it may not
24-7 be restored, reissued, or reinstated thereafter, but those persons
24-8 may apply for and obtain a new license if they meet the
24-9 requirements of this Act.
24-10 (c) <Within three years of the effective date of this Act>.
24-11 Renewal of a license is contingent on the applicant's meeting
24-12 uniform continuing education requirements established by the Board
24-13 <Committee>. These continuing education requirements must be of
24-14 such a nature that they can be met without necessitating an
24-15 extended absence from the licensee's county of residence. <Notice
24-16 of continuing education requirements shall be sent to all persons
24-17 licensed under this Act at least 12 months prior to the time that
24-18 the person's license renewal is dependent on completion of the
24-19 requirements.> Continuing education requirements shall be sent to
24-20 new applicants with the forms on which they are to apply for
24-21 licensure. Notification of changes in continuing education
24-22 requirements shall be sent to persons licensed under this Act at
24-23 least one year prior to the date on which the new requirements
24-24 become effective.
24-25 (d) If a person's license has been expired for one year or
25-1 longer, the person may not renew the license. The person may
25-2 obtain a new license by complying with the requirements and
25-3 procedures for obtaining an original license. However, the Board
25-4 may renew a license without reexamination for a person who was,
25-5 within the past three years, licensed in this state and is
25-6 currently licensed and has been in practice in another state for
25-7 the two years preceding application. An applicant who was licensed
25-8 in this state but whose license expired more than three years ago
25-9 may reapply for a license by meeting current licensing
25-10 requirements. To renew an expired license, the person must pay to
25-11 the Board a fee that is equal to all unpaid renewal fees for the
25-12 license. <A suspended license is subject to expiration and may be
25-13 renewed as provided in this Act, but the renewal does not entitle
25-14 the licensee, while the license remains suspended and until it is
25-15 reinstated, to engage in the licensed activity or in any other
25-16 activity or conduct in violation of the order or judgment by which
25-17 the license is suspended. A license revoked on disciplinary
25-18 grounds is subject to expiration as provided in this Act, but it
25-19 may not be renewed. If it is reinstated after its expiration, the
25-20 licensee, as a condition of reinstatement, shall pay a
25-21 reinstatement fee in an amount equal to the renewal fee in effect
25-22 on the last preceding regular renewal date before the date on which
25-23 it is reinstated, plus the delinquency fee, if any, accrued at the
25-24 time of the license revocation.>
25-25 SECTION 16. Fees. <The amount of fees initially prescribed
26-1 in connection with a license as a speech-language pathologist or
26-2 audiologist may not exceed the following:>
26-3 <(1) application fee: $75>
26-4 <(2) examination fee: $50>
26-5 <(3) initial license fee: $75>
26-6 <(4) license renewal fee: $75>
26-7 <(5) delinquency fee: $50>
26-8 <(6) temporary license fee: $25>
26-9 <(7) duplicate license fee: $10>
26-10 The Board <Committee> by rule shall establish reasonable and
26-11 necessary fees so that the fees, in the aggregate, produce
26-12 sufficient revenue to cover the cost of administering this Act.
26-13 The<, and such> fees set by the Board may <shall> be adjusted so
26-14 that the total fees collected shall be sufficient to meet the
26-15 expenses of administering this Act <and so that unnecessary
26-16 surpluses in the fund provided for in Section 20 of this Act are
26-17 avoided>.
26-18 SECTION 17. Denial, Suspension, and Revocations. (a) The
26-19 Board <Committee> may refuse to issue a license to an applicant or
26-20 may suspend or revoke the license of any licensee for any of the
26-21 following causes:
26-22 (1) obtaining a license by means of fraud,
26-23 misrepresentation, or concealment of material facts;
26-24 (2) selling, bartering, or offering to sell or barter
26-25 a license or certificate of registration;
27-1 (3) unprofessional conduct that has endangered or is
27-2 likely to endanger the health, welfare, or safety of the public as
27-3 defined by the rules established by the Board <Committee> or
27-4 violation of the code of ethics adopted and published by the Board
27-5 <Committee>;
27-6 (4) violating any lawful order or rule rendered or
27-7 adopted by the Board <Committee>; or
27-8 (5) violating any provisions of this Act.
27-9 (b) The Board <Committee> shall deny an application for or
27-10 suspend or revoke or impose probationary conditions on a license as
27-11 ordered by the Board <Committee> in any decision made after hearing
27-12 as provided in this Act. One year from the date of revocation of a
27-13 license under this Act, application may be made to the Board
27-14 <Committee> for reinstatement. The Board <Committee> shall have
27-15 discretion to accept or reject an application for reinstatement and
27-16 may require an examination for the reinstatement.
27-17 (c) A plea or verdict of guilty or a conviction following a
27-18 plea of nolo contendere made to a charge of a felony or of an
27-19 offense involving moral turpitude is deemed to be a conviction
27-20 within the meaning of this Act. At the direction of the Board
27-21 <Committee> the license may be suspended or revoked or the Board
27-22 <Committee> may decline to issue a license when the time for appeal
27-23 of the conviction has elapsed or the judgment or conviction has
27-24 been affirmed on appeal, or when an order granting probation is
27-25 made suspending the imposition of sentence irrespective of a
28-1 subsequent order allowing a person to withdraw his or her plea of
28-2 guilty, or setting aside the verdict of guilty, or dismissing the
28-3 information or indictment.
28-4 (d) In addition to the other disciplinary actions authorized
28-5 by this section, the Board may issue a written reprimand to a
28-6 license holder who violates this Act or require that a license
28-7 holder who violates this Act attend continuing education programs
28-8 and may specify the number of hours that must be successfully
28-9 completed by an individual license holder to fulfill the
28-10 requirements of this subsection.
28-11 (e) If a license suspension is probated, the Board may
28-12 require the license holder to:
28-13 (1) report regularly to the Board on matters that are
28-14 the basis of the probation;
28-15 (2) limit practice to the areas prescribed by the
28-16 Board; or
28-17 (3) continue or review professional continuing
28-18 education until the license holder attains a degree of skill
28-19 satisfactory to the Board in those areas that are the basis of the
28-20 probation.
28-21 (f) The schedule of sanctions adopted by the Board by rule
28-22 shall be used by the State Office of Administrative Hearings for
28-23 any sanction imposed as the result of a hearing conducted by that
28-24 office.
28-25 SECTION 18. Penalties. (a) A person who violates any of
29-1 the provisions of this Act is guilty of a Class B misdemeanor and
29-2 on conviction may be punished by confinement in the county jail not
29-3 exceeding six months, by a fine not exceeding $1,000, or by both.
29-4 (b) If a person other than a licensed speech-language
29-5 pathologist or audiologist has engaged in any act or practice which
29-6 constitutes an offense under this Act, a district court of any
29-7 county on application of the Board <Committee> may issue an
29-8 injunction or other appropriate order restraining such conduct.
29-9 SECTION 19. Procedures for Denial, Revocation, or Suspension
29-10 of a License. (a) A person whose application for a license is
29-11 denied is entitled to a hearing before the State Office of
29-12 Administrative Hearings <Committee> if such person submits a
29-13 written request to the Board <Committee>.
29-14 (b) Proceedings for revocation or suspension of a license
29-15 shall be commenced by filing charges with the Board <Committee> in
29-16 writing and under oath. The charges may be made by any person or
29-17 persons.
29-18 <(c) The chairperson of the committee shall fix a time and
29-19 place for a hearing and shall cause a written copy of the charges
29-20 or reason for denial of a license, together with a notice of the
29-21 time and place fixed for the hearing, to be served on the applicant
29-22 requesting the hearing or the licensee against whom the charges
29-23 have been filed at least 20 days prior to the date set for the
29-24 hearing. Service of charges and notice of hearing may be given by
29-25 certified mail to the last known address of the licensee or
30-1 applicant.>
30-2 <(d) At the hearing the applicant or licensee has the right
30-3 to appear either personally or by counsel or both, to produce
30-4 witnesses, to have subpoenas issued by the committee, and to
30-5 cross-examine opposing or adverse witnesses.>
30-6 (c) <(e)> The Board <Committee> shall <determine the charges
30-7 on their merits and> enter an order in a permanent record setting
30-8 forth the findings of the fact and law and action taken by the
30-9 State Office of Administrative Hearings. A copy of the order <of
30-10 the committee> shall be mailed to the applicant or licensee at his
30-11 or her last known address by certified mail.
30-12 (d) <(f)> An individual whose application for a license has
30-13 been refused or whose license has been cancelled, revoked, or
30-14 suspended by the Board <Committee> may take a<n> written appeal,
30-15 within 20 days after the order is entered by the State Office of
30-16 Administrative Hearings, to any district court of Travis County or
30-17 to any district court of the county of his or her residence.
30-18 (e) <(g)> In all appeals prosecuted in any of the courts of
30-19 this state pursuant to the provisions of this Act, such trials
30-20 shall be de novo as that term is used and understood in appeal from
30-21 justice of the peace courts. Under no circumstances shall the
30-22 substantial evidence rule as interpreted and applied by the courts
30-23 in Texas in other cases ever be used or applied to appeals
30-24 prosecuted under the provisions of this Act.
30-25 (f) <(h)> All proceedings under this Act shall conform to
31-1 the requirements of the Administrative Procedure and Texas Register
31-2 Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
31-3 Statutes), except as modified by this section.
31-4 SECTION 20. COMPLAINT PROCEDURE IN GENERAL. (a) The board
31-5 shall keep an information file about each complaint filed with the
31-6 board. The board's information file shall be kept current and
31-7 contain a record for each complaint of:
31-8 (1) all persona contacted in relation to the
31-9 complaint;
31-10 (2) a summary of findings made at each step of the
31-11 complaint process;
31-12 (3) an explanation of the legal basis and reason for a
31-13 complaint that is dismissed; and
31-14 (4) other relevant information.
31-15 (b) If a written complaint is filed with the board that the
31-16 board has authority to resolve, the board, at least as frequently
31-17 as quarterly and until final disposition of the complaint, shall
31-18 notify the parties to the complaint of the status of the complaint
31-19 unless the notice would jeopardize and undercover investigation.
31-20 (c) The board by rule shall adopt a form to standardize
31-21 information concerning complaints made to the board. The board by
31-22 rule shall prescribe information to be provided to a person when
31-23 the person files a complaint with the board.
31-24 (d) The board shall provide reasonable assistance to a
31-25 person who wishes to file a complaint with the board.
32-1 SECTION 21. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
32-2 The board shall adopt rules concerning the investigation of a
32-3 complaint filed with the board. The rules adopted under this
32-4 subsection shall:
32-5 (1) distinguish between categories of complaints;
32-6 (2) ensure that complaints are not dismissed without
32-7 appropriate consideration;
32-8 (3) require that the board be advised of a complaint
32-9 that is dismissed and that a letter be sent to the person who filed
32-10 the complaint explaining the action taken on the dismissed
32-11 complaint;
32-12 (4) ensure that the person who filed the complaint has
32-13 an opportunity to explain the allegations made in the complaint;
32-14 and
32-15 (5) prescribe guidelines concerning the categories of
32-16 complaints that require the use of a private investigator and the
32-17 procedures for the board to obtain the services of a private
32-18 investigator.
32-19 (b) The board shall dispose of all complaints in a timely
32-20 manner. The board shall establish a schedule for conducting each
32-21 phase of a complaint that is under the control of the board not
32-22 later than the 30th day after the date the complaint is received by
32-23 the board. The schedule shall be kept in the information file for
32-24 the complaint and all parties shall be notified of the projected
32-25 time requirements for pursuing the complaint. A change in the
33-1 schedule must be noted in the complaint information file and all
33-2 parties to the complaint must be notified not later than the
33-3 seventh day after the date the change is made.
33-4 (c) The director of the board shall notify the board of a
33-5 complaint that extends beyond the time prescribed by the board for
33-6 resolving the complaint so that the board may take necessary action
33-7 on the complaint.
33-8 SECTION 22. INFORMAL PROCEEDINGS. (a) The board by rule
33-9 shall adopt procedures governing:
33-10 (1) informal disposition of a contested case under
33-11 Section 13(e), Administrative Procedure and Texas Register Act
33-12 (Article 6252-13a, Vernon's Texas Civil Statutes), and it
33-13 subsequent amendments; and
33-14 (2) informal proceedings held in compliance with
33-15 Section 18(c), Administrative Procedure and Texas Register Act
33-16 (Article 6252-13a, Vernon's Texas Civil Statutes), and it
33-17 subsequent amendments.
33-18 (b) Rules adopted under this section must provide the
33-19 complainant and the licensee an opportunity to be heard and must
33-20 require the presence of a representative of the office of the
33-21 attorney general to advise the board or board's employees.
33-22 SECTION 23. MONITORING OF LICENSE HOLDER. The board by rule
33-23 shall develop a system for monitoring license holder's compliance
33-24 with the requirements of this Act. Rules adopted under this
33-25 section shall include procedures for monitoring a license holder
34-1 who is ordered by the board to perform certain acts to ascertain
34-2 that the license holder performs the required acts and to identify
34-3 and monitor license holders who represent a risk to the public.
34-4 SECTION 24<0>. Disposition of Funds Received. (a) All
34-5 funds with applicable state law in the State Treasury in a separate
34-6 fund to be known as the speech-language pathology and audiology
34-7 fund and be appropriated to the Board <Texas Department of Health>
34-8 solely for administration of this Act.
34-9 (b) <After August 31, 1984,> All expenses for the
34-10 administration of the Act shall be paid from fees collected by the
34-11 Board <Committee> under this Act.
34-12 <(c) There is hereby appropriated $80,000 to the
34-13 speech-language pathology and audiology fund for the implementation
34-14 of this Act, said funds coming from the General Revenue Fund for
34-15 the first year provided that the first $80,000 of application and
34-16 license fees shall be returned to the General Revenue Fund as they
34-17 are received.>
34-18 SECTION 25<1>. Exemptions From the Basic Science Law. The
34-19 provisions of Chapter 95, Acts of the 51st Legislature, Regular
34-20 Session, 1949, as amended (Article 4590c, Vernon's Texas Civil
34-21 Statutes), do not apply to audiologists or speech-language
34-22 pathologists duly qualified and licensed under this Act who confine
34-23 their activity to the areas specified in this Act.
34-24 SECTION 26<2>. Sunset Provision. The State Board
34-25 <Committee> of Examiners for Speech-Language Pathology and
35-1 Audiology is subject to Texas Sunset Act (V.T.C.A. Government Code,
35-2 325.001 et seq.). Unless continued in existence as provided by
35-3 that Act, the Board <Committee> is abolished and this Act expires
35-4 September 1, 2005 <1999>.
35-5 SECTION 27. EFFECTIVE DATE. This Act Takes effect September
35-6 1, 1993.
35-7 SECTION 28. EMERGENCY CLAUSE. The importance of this
35-8 legislation and the crowded condition of the calendars in both
35-9 houses create an emergency and an imperative public necessity that
35-10 the constitutional rule requiring bills to be read on three several
35-11 days in each house be suspended, and this rule is hereby suspended.