By:  Harris of Dallas                                 S.B. No. 1077
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of speech-language pathologists and
    1-2  audiologists and the continuation of the State Committee of
    1-3  Examiners for 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        Sec. 1.  Purpose.  It is the policy of this state that in
    1-9  order to safeguard the public health, safety, and welfare and to
   1-10  protect 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 pathology and
   1-13  audiology services to the public.
   1-14        Sec. 2.  Definitions.  In this Act:
   1-15              (1)  "Board" means the <Texas Board of Health.>
   1-16              <(2)  "Committee" means the> State Board <Committee> of
   1-17  Examiners for Speech-Language Pathology and Audiology.
   1-18              (2) <(3)>  "Department" means the Texas Department of
   1-19  Health.
   1-20              (3) <(4)>  "Person" means an individual, corporation,
   1-21  partnership, or other legal entity.
   1-22              (4) <(5)>  "Speech-language pathologist" means an
   1-23  individual who practices speech-language pathology, who makes a
    2-1  nonmedical evaluation, who examines, counsels, or provides
    2-2  habilitative or rehabilitative services for persons who have or are
    2-3  suspected of having speech, voice, or language disorders, and who
    2-4  meets the qualifications of <set forth in> this Act.
    2-5              (5) <(6)>  "The practice of speech-language pathology"
    2-6  means the application of nonmedical principles, methods, and
    2-7  procedures for the measurement, testing, evaluation, prediction,
    2-8  counseling, habilitation, rehabilitation, or instruction related to
    2-9  the development and disorders of communication to include:  speech,
   2-10  voice, <or> language, oral pharyngeal function, or cognitive
   2-11  processes for the purpose of rendering or offering to render an
   2-12  evaluation, prevention, or modification of these disorders and
   2-13  conditions in individuals or groups of individuals.
   2-14  Speech-language pathologists may perform <the> basic audiometric
   2-15  screening tests and aural rehabilitation and/or habilitation
   2-16  <hearing therapy procedures> consistent with their training.
   2-17  Nothing in this Act shall be construed to allow speech-language
   2-18  pathologists to fit, dispense, or sell hearing aids unless that
   2-19  person has met the specific requirements for fitting and dispensing
   2-20  established under this Act or Chapter 366, Acts of the 61st
   2-21  Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
   2-22  Vernon's Texas Civil Statutes).
   2-23              (6) <(7)>  "Audiologist" means a person who practices
   2-24  audiology, who makes a nonmedical evaluation, who examines,
   2-25  counsels, or provides habilitative or rehabilitative services for
    3-1  persons who have or are suspected of having a hearing or vestibular
    3-2  disorder, and who meets the qualifications of <set forth in> this
    3-3  Act.
    3-4              (7) <(8)>  "The practice of audiology" means the
    3-5  application of nonmedical principles, methods, and procedures for
    3-6  the measurement, testing, appraisal, prediction, consultation,
    3-7  counseling, habilitation, rehabilitation, or instruction related to
    3-8  disorders of the auditory or vestibular systems <hearing and
    3-9  disorders of hearing and> for the purpose of rendering or offering
   3-10  to render services modifying communicative disorders involving
   3-11  speech, language, auditory or vestibular function, or other
   3-12  aberrant behavior relating to hearing loss.  An audiologist may
   3-13  engage in any tasks, procedures, acts, or practices that are
   3-14  necessary (A)  for the evaluation of hearing; (B)  for training in
   3-15  the use of amplification including hearing aids; <or> (C)  for the
   3-16  making of earmolds for hearing aids; (D)  for the fitting,
   3-17  dispensing, and sale of hearing aids; or (E)  for the management of
   3-18  cerumen.  An audiologist may participate in consultation regarding
   3-19  noise control and hearing conservation, may provide evaluations of
   3-20  environment or equipment including calibration of equipment used in
   3-21  testing auditory functioning and hearing conservation, and may
   3-22  perform the basic speech and language screening tests and
   3-23  procedures consistent with his or her training.
   3-24              (8)  A "licensed assistant in speech-language
   3-25  <(9)  "Speech-language> pathology <aide>" means a person who meets
    4-1  minimum qualifications which the board <committee> may establish
    4-2  for speech-language pathology licensed assistants <aides> and who
    4-3  works under the direction of a licensed speech-language
    4-4  pathologist.  The qualifications for licensure as a speech-language
    4-5  pathology licensed assistant <aide> shall be uniform and shall be
    4-6  less than those established by this Act as necessary for licensure
    4-7  as a speech-language pathologist.
    4-8              (9)  A "licensed assistant in audiology"
    4-9  <(10)  "Audiology aide"> means a person who meets minimum
   4-10  qualifications which the board <committee> may establish for
   4-11  audiology licensed assistants <aides> and who works under the
   4-12  direction of a licensed audiologist.  The qualifications for
   4-13  licensure as an audiology licensed assistant <aide> shall be
   4-14  uniform and shall be less than those established by this Act as
   4-15  necessary for licensure as an audiologist.
   4-16        Sec. 3.  BOARD <COMMITTEE>; MEMBERSHIP.  (a)  The State Board
   4-17  <Committee> of Examiners for Speech Pathology and Audiology is
   4-18  created within the Texas Department of Health.  The board
   4-19  <committee> consists of nine members appointed by the governor <to
   4-20  take office on the effective date of this Act>. Members of the
   4-21  board <committee> must have been residents of the State of Texas
   4-22  for two years immediately preceding appointment and must be
   4-23  representative of varying geographic regions of the state and from
   4-24  varying employment settings.  Six members must have been engaged in
   4-25  rendering services, teaching, or research in speech-language
    5-1  pathology or audiology for at least five years and must meet the
    5-2  qualifications for full licensure under this Act. Of these six
    5-3  members, three members shall be audiologists, three members shall
    5-4  be speech-language pathologists.  All <Except for the initial
    5-5  appointees, all> six shall hold valid licenses under this Act.
    5-6  Three members shall be selected from the general public.  One of
    5-7  the three public members of the board <committee> must be a
    5-8  physician licensed to practice in the State of Texas and board
    5-9  certified in otolaryngology or pediatrics.  The two remaining
   5-10  public members may not:
   5-11              (1)  be licensed by an occupational regulatory agency
   5-12  in the field of health care;
   5-13              (2)  be employed by and participating in the management
   5-14  of an agency or business entity that provides health-care services
   5-15  or that sells, manufactures, or distributes health-care supplies or
   5-16  equipment;
   5-17              (3)  own, control, or have a direct or indirect
   5-18  interest in more than 10 percent of a business entity that provides
   5-19  health-care services or that sells, manufactures, or distributes
   5-20  health-care supplies or equipment; or
   5-21              (4)  be an officer, employee, or paid consultant of a
   5-22  trade association in the field of health care.  A member of the
   5-23  board <committee> may not be related within the second degree of
   5-24  affinity or consanguinity, as determined under Article 5996h,
   5-25  Revised Statutes, to a person who is an officer, employee, or a
    6-1  paid consultant of a trade association in the health-care field.
    6-2        (b)  An appointment to the board <committee> shall be made
    6-3  without regard to the race, creed, sex, religion, or national
    6-4  origin of the appointee.
    6-5        (c)  A person who is required to register as a lobbyist under
    6-6  Chapter 305, Government Code, in a health-related area may not
    6-7  serve as a member of the board or act as the general counsel to the
    6-8  board.
    6-9        Sec. 4.  Terms; Officers; Quorum; Expenses.  (a)  Members
   6-10  <The term of initial appointees to the board shall be determined by
   6-11  lot as follows:  three members are appointed for terms which expire
   6-12  August 31, 1985; three members are appointed for terms which expire
   6-13  August 31, 1987; and three members are appointed for terms which
   6-14  expire August 31, 1989.  After the initial appointments, members>
   6-15  are appointed for staggered terms of six years, with three terms
   6-16  beginning September 1 of each odd-numbered year.  Members of the
   6-17  board <committee> shall serve until the expiration of the term to
   6-18  which they have been appointed or until their successors have
   6-19  qualified.  A person may not be appointed to serve more than two
   6-20  consecutive terms.
   6-21        (b)  The board <committee> shall be organized annually and
   6-22  select a chairperson, vice-chairperson, and a secretary-treasurer.
   6-23  The <initial chairperson shall be a person who meets the
   6-24  qualifications for licensing under this Act.  After September 1,
   6-25  1984, the> chairperson shall hold a valid license under this Act.
    7-1        (c)  Five members of the board <committee> constitute a
    7-2  quorum <to do business>.
    7-3        (d)  The board <committee> shall hold at least two regular
    7-4  meetings each year <at which time an examination as defined in
    7-5  Section 12 of this Act shall be offered>.  Additional meetings may
    7-6  be held on the call of the chairperson or at the written request of
    7-7  any three members of the board <committee>.  The open meetings law,
    7-8  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
    7-9  (Article 6252-17, Vernon's Texas Civil Statutes), requires seven
   7-10  days' notice for all state agencies.  <At least 14 days' advance
   7-11  notice of the committee meeting is required.>
   7-12        (e)  Board <Committee> members receive no compensation for
   7-13  their services; however, each member of the board <committee> is
   7-14  entitled to a per diem and travel allowance at the rate set by the
   7-15  legislature for state employees in the General Appropriations Act
   7-16  for each day that the member engages in the business of the board
   7-17  <committee>.
   7-18        Sec. 5.  DUTIES AND POWERS OF THE BOARD <COMMITTEE>.
   7-19  (a)  The board <Subject to the approval of the board, the
   7-20  committee> shall adopt rules necessary to administer and enforce
   7-21  this Act, including rules that establish standards of ethical
   7-22  practice.
   7-23        (b)  With the assistance of the department, the board
   7-24  <committee> shall administer, coordinate, and enforce the
   7-25  provisions of this Act; evaluate the qualifications of applicants;
    8-1  provide for the examination of applicants; and issue subpoenas,
    8-2  examine witnesses, and administer oaths under the laws of the State
    8-3  of Texas.
    8-4        (c)  With the assistance of the department and in accordance
    8-5  with the Administrative Procedure and Texas Register Act, as
    8-6  amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
    8-7  board <committee> shall conduct hearings and keep records and
    8-8  minutes necessary to the orderly administration of this Act.
    8-9        (d)  The board <committee> with the aid of the department
   8-10  shall investigate persons engaging in practices that violate the
   8-11  provisions of this Act.
   8-12        (e)  A person who holds a license to practice speech-language
   8-13  pathology or audiology in this state is governed and controlled by
   8-14  the rules adopted by the board <committee and approved by the board
   8-15  of health>.
   8-16        (f)  The conferral or enumeration of specific powers
   8-17  elsewhere in this Act shall not be construed as a limitation of the
   8-18  general powers conferred by this section.
   8-19        (g)  The board <committee> shall be represented by the
   8-20  attorney general and the district and county attorneys of this
   8-21  state.
   8-22        (h)  The board <committee> may appoint subcommittees to work
   8-23  under its jurisdiction<, subject to the approval of the board>.
   8-24        Sec. 6.  EMPLOYEES OF THE BOARD <COMMITTEE>.  The Texas
   8-25  Department of Health shall provide such administrative and clerical
    9-1  employees as are necessary to carry out the provisions of this Act.
    9-2        Sec. 7.  Seal and Authentication of Records.  The board
    9-3  <committee> shall adopt a seal by which it shall authenticate its
    9-4  proceedings.  Copies of the proceedings, records, and acts of the
    9-5  board <committee> and certificates purporting to relate the facts
    9-6  concerning the proceedings, records, and acts, signed by the
    9-7  secretary-treasurer and authenticated by the seal, are prima facie
    9-8  evidence in all courts of this state.
    9-9        Sec. 8.  Licensing and Regulation of Speech-Language
   9-10  Pathologists and Audiologists.  (a)  Licenses shall be granted
   9-11  either in speech-language pathology or audiology independently.
   9-12  Persons may be licensed in both areas if they meet the
   9-13  qualifications.  The board shall establish by rule qualifications
   9-14  of dual licensure in speech-language pathology and audiology and
   9-15  may develop a full range of licensing options and establish rules
   9-16  of qualification as needed.
   9-17        (b)  A person may not practice or represent himself or
   9-18  herself as a speech-language pathologist or audiologist in this
   9-19  state <after August 31, 1984,> unless he or she is licensed in
   9-20  accordance with the provisions of this Act.
   9-21        (c)  Any violation of this subsection shall constitute a
   9-22  deceptive trade practice.
   9-23        Sec. 9.  Persons and Practices Not Affected.  (a)  This Act
   9-24  does not prevent qualified persons licensed in this state under
   9-25  another law from engaging in the profession for which they are
   10-1  licensed.
   10-2        (b)  This Act does not prevent or restrict the activities and
   10-3  services and the use of an official title by persons holding a
   10-4  valid and current certification in speech-language pathology
   10-5  <speech and hearing therapy> from the Central Education Agency if
   10-6  those persons perform speech-language pathology or audiology
   10-7  services solely as a part of their duties within an agency,
   10-8  institution, or organization under the jurisdiction of the Central
   10-9  Education Agency.  Effective September 1, 1994, the Central
  10-10  Education Agency certificate in speech-language pathology shall
  10-11  require the applicant to hold a master's degree in communicative
  10-12  disorders, or its equivalent, from a university program accredited
  10-13  by the American Speech-Language Hearing Association and pass a
  10-14  national examination in speech-language pathology or audiology as
  10-15  approved by the board.  If persons affected by this subsection
  10-16  perform work as a speech-language pathologist or audiologist apart
  10-17  from their positions within an agency, institution, or organization
  10-18  of the Central Education Agency, they must have a license issued by
  10-19  the board <committee>, except that a person affected by this
  10-20  subsection may perform speech and hearing screening procedures
  10-21  without compensation without having a license issued by the board
  10-22  <committee>.
  10-23        (c)  "Equivalent" shall be defined as graduate level
  10-24  coursework and practicum from a program accredited by the American
  10-25  Speech-Language Hearing Association.  Coursework and practicum
   11-1  requirements shall be the same as that established by the board for
   11-2  the license in speech-language pathology or audiology.  The
   11-3  clinical fellowship year experience or internship shall not be a
   11-4  requirement for the Central Education Agency certificate in
   11-5  speech-language pathology.
   11-6        (d)  This Act does not restrict the activities and services
   11-7  of students <or interns> pursuing a course of study leading to a
   11-8  degree in speech-language pathology at a college or university
   11-9  accredited by the Southern Association of Colleges and Universities
  11-10  or its equivalent, provided that these activities and services
  11-11  constitute a part of their supervised course of study <or
  11-12  internship year; that after September 1, 1984>, that they are
  11-13  supervised by a person licensed under this Act,<;> and that they
  11-14  are designated by a title such as <"Speech-Language Pathology
  11-15  Intern" or> "Speech-Language Pathology Trainee" or other title
  11-16  clearly indicating their professional preparation <the training>
  11-17  status <appropriate to their level of training>.
  11-18        (e) <(d)>  This Act does not restrict activities and services
  11-19  of students <or interns> in audiology pursuing a course of study
  11-20  leading to a degree in audiology at a college or university
  11-21  accredited by the Southern Association of Colleges and Universities
  11-22  or its equivalent, provided that these activities and services
  11-23  constitute a part of their supervised course of study <or
  11-24  internship year; that after September 1, 1984>, that they are
  11-25  supervised by a person licensed under this Act,<;> and that they
   12-1  are designated by a title such as <"Audiology Intern" or>
   12-2  "Audiology Trainee" or other title clearly indicating their
   12-3  professional preparation <the training> status <appropriate to
   12-4  their level of training>.  Students of audiology in an accredited
   12-5  college or university program are exempt from the provisions of
   12-6  Chapter 366, Acts of the 61st Legislature, Regular Session, 1969
   12-7  (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes),
   12-8  provided that their activities and services constitute a part of
   12-9  their supervised course of study or practicum experience.
  12-10        <(e)  This Act does not restrict the performance of
  12-11  speech-language pathology or audiology services in this state by a
  12-12  person not a resident of this state who is not licensed under this
  12-13  Act, if the services are performed for no more than five days in a
  12-14  calendar year and if the person meets the qualifications and
  12-15  requirements for application for licensure under this Act.>
  12-16        (f)  This Act does not restrict the use of an official title
  12-17  by an individual teaching in a university or college training
  12-18  program, provided that the person is not engaged in the practice of
  12-19  speech-language pathology or audiology and does not supervise
  12-20  persons engaged in the practice of speech-language pathology or
  12-21  audiology.
  12-22        (g)  This Act does not permit a person to perform an act that
  12-23  would be in violation of the Medical Practice Act (Article 4495b,
  12-24  Vernon's Texas Civil Statutes).  <This Act does not permit a person
  12-25  to provide medical or surgical diagnosis or treatment of laryngeal
   13-1  or ear disorders.>
   13-2        (h)  Nothing in this Act shall be construed as restricting or
   13-3  preventing a physician or surgeon from engaging in the practice of
   13-4  medicine in this state.  This Act does not restrict speech or
   13-5  hearing testing or evaluation personally conducted by a licensed
   13-6  physician or surgeon.
   13-7        (i)  <This Act does not apply to persons employed by the
   13-8  Texas Department of Health in its programs concerned with hearing
   13-9  or speech services as long as they are performing duties under the
  13-10  jurisdiction of the Texas Department of Health.>
  13-11        <(j)>  This Act does not apply to a person who shows evidence
  13-12  of having received training by the Texas Department of Health in
  13-13  one of the communication, speech, language, and/or hearing
  13-14  screening training programs approved by that agency, provided that
  13-15  all activities performed under this exception shall be limited to
  13-16  screening as defined by the board.  Individuals who have received
  13-17  training by the department in one of the communication, speech,
  13-18  language, and/or hearing screening training programs approved by
  13-19  the department may not practice speech-language pathology or
  13-20  audiology or represent themselves as a speech-language pathologist
  13-21  or audiologist <of hearing sensitivity>.
  13-22        (j)(1)  Persons meeting the requirements for licensure as an
  13-23  audiologist or an audiology intern under this Act who choose to fit
  13-24  and dispense hearing aids shall be required to:
  13-25                    (A)  register with the board their intention to
   14-1  fit and dispense;
   14-2                    (B)  adhere to the profession's Code of Ethics;
   14-3                    (C)  comply with federal Food and Drug
   14-4  Administration guidelines required for fitting and dispensing
   14-5  hearing aids;
   14-6                    (D)  provide a written contract for services in
   14-7  this state that shall contain the name, mailing address, and
   14-8  telephone number of the board; and
   14-9                    (E)  follow guidelines established by the board
  14-10  for a 30-day trial period on every hearing aid purchased.
  14-11              (2)  If audiometric testing is not conducted in a
  14-12  stationary acoustical enclosure, sound level measurements must be
  14-13  conducted at the time of the testing to ensure that ambient noise
  14-14  levels meet permissible standards for testing threshold to 20 dB
  14-15  based on the most current American National Standards Institute
  14-16  (ANSI) "ears covered" octave band criteria for Permissible Ambient
  14-17  Noise Levels During Audiometric Testing.  A dBA equivalent level
  14-18  may be used to determine compliance.  The board shall adopt rules
  14-19  necessary to enforce the provisions of this subsection.
  14-20              (3)  Furthermore, an audiologist or audiology intern
  14-21  who chooses to fit and dispense shall not sell hearing aids by
  14-22  mail.  A licensed hearing aid fitter and dispenser or licensed
  14-23  audiologist shall not sell a hearing aid to a person under 18 years
  14-24  of age unless the prospective user, parent, or guardian has
  14-25  presented to the hearing aid fitter and dispenser or audiologist a
   15-1  written statement signed by a licensed physician specializing in
   15-2  diseases of the ear that states that the patient's hearing loss has
   15-3  been medically evaluated and the patient may be considered a
   15-4  candidate for a hearing instrument.  The evaluation must have taken
   15-5  place within the preceding six months.
   15-6              (4) <(k)  This Act does not license a person to sell
   15-7  hearing aids as defined in Chapter 366, Acts of the 61st
   15-8  Legislature, Regular Session, 1969, as amended (Article 4566-1.01
   15-9  et seq., Vernon's Texas Civil Statutes).>
  15-10        <(l)>  This Act does not prevent or restrict a person
  15-11  licensed under Chapter 366, Acts of the 61st Legislature, Regular
  15-12  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
  15-13  Statutes), <by the Texas Board of Examiners in the Fitting and
  15-14  Dispensing of Hearing Aids> from engaging in the practice of
  15-15  fitting and dispensing hearing aids.  Nothing in this Act shall be
  15-16  construed to prohibit a fitter and dispenser licensed under Chapter
  15-17  366, Acts of the 61st Legislature, Regular Session, 1969 (Article
  15-18  4566-1.01 et seq., Vernon's Texas Civil Statutes), from measuring
  15-19  human hearing by the use of an audiometer or by any means for the
  15-20  purpose of making selections, adaptations, or sales of hearing
  15-21  aids, including the making of impressions for earmolds to be used
  15-22  as part of the hearing aid and any necessary post-fitting
  15-23  counseling for the purpose of fitting and dispensing hearing aids.
  15-24  Nonaudiologists who are licensed to fit and dispense hearing aids
  15-25  under Chapter 366, Acts of the 61st Legislature, Regular Session,
   16-1  1969 (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes),
   16-2  shall not practice speech-language pathology or audiology or
   16-3  represent themselves to the public as a speech-language pathologist
   16-4  or audiologist or other term restricted by this Act.
   16-5        (k) <(m)>  This Act does not prevent persons in an industrial
   16-6  setting from engaging in hearing testing as a part of a hearing
   16-7  conservation program in compliance with regulations of the
   16-8  Occupational Safety and Health Administration, provided that such
   16-9  persons are certified by an agency acceptable to the Occupational
  16-10  Safety and Health Administration.
  16-11        (l) <(n)>  This Act does not prevent or restrict
  16-12  communication, speech, language and/or hearing screenings, as
  16-13  defined by the board, <sensitivity screening evaluations> conducted
  16-14  by registered nurses licensed by the laws of this state and
  16-15  practicing in accordance with the standards of professional conduct
  16-16  and ethics promulgated by the rules and regulations of the Board of
  16-17  Nurse Examiners.
  16-18        <(o)  This Act does not prevent the use of the title
  16-19  "Certified Hearing Aid Audiologist" by a person so certified by the
  16-20  National Hearing Aid Association if the person is a licensed
  16-21  hearing aid dispenser and uses the title solely in connection with
  16-22  fitting and dispensing hearing aids and does not represent himself
  16-23  to be a licensed audiologist under this Act.>
  16-24        <(p)  Nothing in this Act shall be construed as restricting
  16-25  or preventing a licensed psychologist from engaging in the practice
   17-1  of psychology within the scope of the activities permitted under
   17-2  that license.>
   17-3        Sec. 10.  Qualification of Applicants for License.  (a)  To
   17-4  be eligible for licensing as a speech-language pathologist or
   17-5  audiologist, an applicant must:
   17-6              (1)  possess a minimum of <at least> a master's degree
   17-7  with a major in at least one of the areas of communicative sciences
   17-8  and/or disorders from a program accredited by the American
   17-9  Speech-Language Hearing Association in an accredited or approved
  17-10  college or university <speech-language pathology or audiology from
  17-11  an accredited or approved college or university>;
  17-12              (2)  submit transcripts from one or more colleges or
  17-13  universities showing successful completion of course work in
  17-14  amounts set by the board <committee with the approval of the board>
  17-15  in the following areas:
  17-16                    (A)  information about normal development and use
  17-17  of speech, language, and hearing;
  17-18                    (B)  information about evaluation, habilitation,
  17-19  and rehabilitation of speech, language, and hearing disorders; and
  17-20                    (C)  information pertaining to related fields
  17-21  that augment the work of clinical practitioners of speech-language
  17-22  pathology and audiology;
  17-23              (3)  have successfully completed at least 36 <30>
  17-24  semester hours in courses that are acceptable toward a graduate
  17-25  degree by the college or university in which they are taken, at
   18-1  least 24 <21> of which are within the professional area for which
   18-2  the license is requested and at least six of which are in audiology
   18-3  for the applicant for a license in speech-language pathology
   18-4  <license> or at least six of which are in speech-language pathology
   18-5  for the applicant for a license in audiology;
   18-6              (4)  have completed the minimum number of hours
   18-7  established by the board of <a minimum of 300 clock hours of>
   18-8  supervised clinical experience with individuals who present a
   18-9  variety of communication disorders.  This<, and this> experience
  18-10  must have been obtained within his or her educational <training>
  18-11  institution or in one of its cooperating programs and under the
  18-12  supervision of a person holding a valid license to practice
  18-13  speech-language pathology or audiology<, provided during the first
  18-14  year of this Act, the supervision may be under a person who would
  18-15  have met the qualifications for a license under this Act>; and
  18-16              (5)  have obtained <the equivalent of nine months of>
  18-17  full-time supervised professional experience as defined by the
  18-18  board in which bona fide clinical work has been accomplished in the
  18-19  major professional area for which the license is being sought,
  18-20  under the supervision of a qualified person acceptable to the board
  18-21  <committee> pursuant to guidelines approved by the board.  The
  18-22  supervised professional <which> experience must have begun after
  18-23  completion of the academic and clinical experience required by this
  18-24  section.
  18-25        (b)  An applicant who has met the requirements of Subsections
   19-1  (a)(1) through (4) of this section must be licensed as an intern
   19-2  under this Act.  An applicant who has successfully completed all
   19-3  academic and clinical experience as required by Subsections (a)(1)
   19-4  through (4) of this section but who has not had the degree
   19-5  officially conferred must be licensed as an intern under this Act.
   19-6  The board by rule shall prescribe the terms by which an applicant
   19-7  may practice under an intern's license under this subsection.  The
   19-8  board by rule shall establish general guidelines and renewal
   19-9  procedures for the intern license.  Audiology interns are exempt
  19-10  from the provisions of Chapter 366, Acts of the 61st Legislature,
  19-11  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
  19-12  Civil Statutes).
  19-13        Sec. 11.  Application for License.  Each person desiring a
  19-14  license under this Act shall make application to the board
  19-15  <committee> on a form and in the manner the board <committee>
  19-16  prescribes.  The application shall be accompanied by the
  19-17  application fee which may not be refunded by the board <committee>.
  19-18        Sec. 12.  Examination.  (a)  Each applicant shall pass a
  19-19  validated examination approved <be examined> by the board
  19-20  <committee> and shall pay fees in a manner prescribed by the board
  19-21  <to the committee, at least 30 days prior to the date of
  19-22  examination, a nonrefundable examination fee prescribed by the
  19-23  committee>.  The examination shall be administered <given> at least
  19-24  twice each year <at a time and place established by and under the
  19-25  supervision of the committee>.
   20-1        (b)  The board by rule may establish procedures for the
   20-2  administration of the examination. The board <committee> may
   20-3  require a<examine by> written or oral examination or <by> both.
   20-4  The board <committee> shall maintain a record of all examination
   20-5  scores for at least two years after the date of examination.
   20-6        (c)  Standards for acceptable performance shall be determined
   20-7  by the board <committee>.
   20-8        (d)  The board <committee> may examine in whatever
   20-9  theoretical or applied fields of speech-language pathology or
  20-10  audiology it deems appropriate.  It may examine the candidates with
  20-11  regard to their professional skills and their judgment in the
  20-12  utilization of speech-language pathology or audiology techniques or
  20-13  methods.
  20-14        (e)  Persons who fail the examination may be examined at a
  20-15  subsequent time if they pay another nonrefundable examination fee.
  20-16  No applicant who has taken and failed to pass two examinations may
  20-17  take the examination until the person has submitted a new
  20-18  application together with a nonrefundable application fee and
  20-19  presented evidence acceptable to the board <committee> of
  20-20  additional study in the area for which licensure is sought.  A
  20-21  person who fails a licensing examination administered under this
  20-22  Act should contact the testing service administering the
  20-23  examination to request an analysis of the person's performance on
  20-24  the examination.
  20-25        (f)  Not later than the 30th day after the date on which a
   21-1  licensing examination is administered under this Act, the board
   21-2  shall notify each examinee of the results of the examination.
   21-3  However, if an examination is graded or reviewed by a national or
   21-4  state testing service and the testing service does not directly
   21-5  notify examinees of the results of the examination, the board shall
   21-6  notify examinees of the results of the examination not later than
   21-7  the 14th day after the date on which the board receives the results
   21-8  from the testing service.  If the notice of examination results
   21-9  graded or reviewed by a national testing service will be delayed
  21-10  for longer than 90 days after the examination date, the board shall
  21-11  notify the examinee of the reason for the delay before the 90th
  21-12  day.  <The committee may waive the examination for applicants who:>
  21-13              <(1)  present proof of current licensure in another
  21-14  state, including the District of Columbia, or territory of the
  21-15  United States which maintains professional standards considered by
  21-16  the committee to be equivalent to those set forth in this Act; or>
  21-17              <(2)  hold the Certificate of Clinical Competence of
  21-18  the American Speech-Language Hearing Association in the area for
  21-19  which a license is being sought.>
  21-20        Sec. 13.  Licensing under Special Conditions.  (a)  The board
  21-21  <committee on request must waive educational, professional
  21-22  experience, and examination requirements for licensure in
  21-23  speech-language pathology for applicants who hold a baccalaureate
  21-24  or graduate degree, are fully certified by the Central Education
  21-25  Agency in speech and hearing therapy or in the judgment of the
   22-1  committee have met equivalent requirements, and within two years
   22-2  prior to the effective date of this Act were engaged in the
   22-3  practice of speech pathology on proof of bona fide practice of
   22-4  speech pathology, presented to the committee in the manner
   22-5  prescribed by the committee's rules, provided they file an
   22-6  application for licensure with the committee or the board of health
   22-7  before January 1, 1986.  Such licenses shall be issued without
   22-8  delay and shall be renewed in the same manner as licenses granted
   22-9  under other provisions of this Act.>
  22-10        <(b)  The committee on request shall waive educational and
  22-11  professional experience requirements for a license in audiology for
  22-12  an applicant who, on the effective date of this Act, holds a
  22-13  graduate degree from an accredited institution of higher education
  22-14  with a major in speech-language pathology or audiology, and has
  22-15  been continuously engaged in the practice of audiology for ten
  22-16  years immediately preceding the effective date of this Act,
  22-17  provided the applicant files an application for licensure with the
  22-18  committee on or before January 1, 1986.  Such an applicant must
  22-19  pass the licensing examination under Section 12 of this Act not
  22-20  later than August 31, 1986.>
  22-21        <(c)  The committee> may <waive the examination and> grant a
  22-22  provisional license <licensure> to an applicant who:
  22-23              (1)  possesses a license in good standing as a
  22-24  speech-language pathologist or an audiologist in another state, the
  22-25  District of Columbia, or a territory of the United States that has
   23-1  licensing and professional requirements that are considered by the
   23-2  board to be substantially equivalent to the requirements of this
   23-3  Act;
   23-4              (2)  has passed a national or other examination
   23-5  relating to speech-language pathology or audiology that is
   23-6  recognized by the board; and
   23-7              (3)  is sponsored by a person licensed by the board
   23-8  under this Act with whom the provisional license holder may
   23-9  practice under this section <presents proof of current licensure in
  23-10  another state, including the District of Columbia, or territory of
  23-11  the United States which maintains professional standards considered
  23-12  by the committee to be equivalent to those set forth in this Act>.
  23-13        (b)  An applicant for a provisional license may be excused
  23-14  from the requirement of Subsection (a)(3) of this section if the
  23-15  board determines that compliance with that subsection constitutes a
  23-16  hardship to the applicant.
  23-17        (c)  A provisional license is valid until the date the board
  23-18  approves or denies the provisional license holder's application for
  23-19  a license.  The board shall issue a license under this Act to the
  23-20  holder of a provisional license under this section if:
  23-21              (1)  the provisional license holder passes the
  23-22  examination required by Section 12 of this Act;
  23-23              (2)  the board verifies that the provisional license
  23-24  holder has the academic and experience requirements for a license
  23-25  under this Act; and
   24-1              (3)  the provisional license holder satisfies any other
   24-2  license requirements under this Act.
   24-3        (d)  The board must complete the processing of a provisional
   24-4  license holder's application for a license not later than the 180th
   24-5  day after the date the provisional license is issued.
   24-6        (e) <(d)>  The board <committee> may waive the examination
   24-7  and grant licensure to an applicant who holds the Certificate of
   24-8  Clinical Competence of the American Speech-Language Hearing
   24-9  Association <or has met equivalent requirements in the area for
  24-10  which a license is sought>.
  24-11        (f)  The board may establish rules to address the issuance of
  24-12  a license to individuals who held a baccalaureate or graduate
  24-13  degree and a valid Central Education Agency certificate in speech
  24-14  and hearing therapy and were not working due to documented medical
  24-15  reasons, including pregnancy, during the previous "grandfather"
  24-16  period, September 1, 1984, through August 1, 1986.  Application for
  24-17  licensure under this special condition must be presented to the
  24-18  board in the manner prescribed by the board's rules by August 31,
  24-19  1994.
  24-20        Sec. 14.  Issuance of License.  (a)  The board <committee>
  24-21  shall issue a license to an applicant who meets the requirements of
  24-22  this Act and who pays to the board <committee> the initial
  24-23  nonrefundable license fee.
  24-24        (b)  A temporary certificate of registration may be applied
  24-25  for by a person who fulfills the requirements of Section 10 of this
   25-1  Act and who has not previously applied to take the examination
   25-2  provided under Section 12 of this Act.
   25-3        (c)  On receiving an application provided for under
   25-4  Subsection (b) of this section accompanied by the nonrefundable
   25-5  application fee, the board <committee> shall issue a temporary
   25-6  certificate of registration which entitles the applicant to
   25-7  practice audiology or speech-language pathology for a period ending
   25-8  eight weeks after the conclusion of the next examination given
   25-9  after the date of issue.
  25-10        (d)  The board may establish a method of staggered dates for
  25-11  license renewal.  For the year in which the license expiration date
  25-12  is changed, license fees payable on the original expiration date
  25-13  shall be prorated on a monthly basis so that each licensee shall
  25-14  pay only that portion of the license fee that is allocable to the
  25-15  number of months during which the license is valid.  On renewal of
  25-16  the license on the new expiration date, the total license renewal
  25-17  fee is payable <All licenses expire and become invalid one year
  25-18  from the date of issuance if not renewed>.
  25-19        Sec. 14A.  TEMPORARY LICENSE; INACTIVE STATUS.  (a)  The
  25-20  board by rule may provide for the issuance of a temporary license.
  25-21        (b)  The board by rule may provide for a person who holds a
  25-22  license under this Act to be placed on inactive status.  Rules
  25-23  adopted under this section shall include a time limit for a license
  25-24  holder to remain on inactive status.
  25-25        Sec. 15.  Renewal of License.  (a)  Each licensed
   26-1  speech-language pathologist or audiologist shall annually pay the
   26-2  nonrefundable renewal fee for a renewal of his license.  A 60-day
   26-3  grace period shall be allowed.  After expiration of the grace
   26-4  period, the board <committee> may renew each license after payment
   26-5  of a penalty set by the rules.  No person who applies for renewal
   26-6  within two years after the date of expiration of the license may be
   26-7  required to submit to an examination as a condition to renewal.  An
   26-8  application for licensure filed within two years after the date of
   26-9  expiration of the person's license shall be considered an
  26-10  application of renewal.
  26-11        (b)  Persons who fail to renew their license within two years
  26-12  after the date of its expiration may not renew it, and it may not
  26-13  be restored, reissued, or reinstated thereafter, but those persons
  26-14  may apply for and obtain a new license if they meet the
  26-15  requirements of this Act.
  26-16        (c)  Renewal <Within three years of the effective date of
  26-17  this Act, renewal> of a license is contingent on the applicant's
  26-18  meeting uniform continuing education requirements established by
  26-19  the board <committee>.  These continuing education requirements
  26-20  must be of such a nature that they can be met without necessitating
  26-21  an extended absence from the licensee's county of residence.
  26-22  <Notice of continuing education requirements shall be sent to all
  26-23  persons licensed under this Act at least 12 months prior to the
  26-24  time that the person's license renewal is dependent on completion
  26-25  of the requirements.>  Continuing education requirements shall be
   27-1  sent to new applicants with the forms on which they are to apply
   27-2  for licensure.  Notification of <or> changes in continuing
   27-3  education requirements shall be sent to persons licensed under this
   27-4  Act at least one year prior to the date on which the new
   27-5  requirements become effective.
   27-6        (d)  If a person's license has been expired for two years or
   27-7  longer, the person may not renew the license.  The person may
   27-8  obtain a new license by complying with the requirements and
   27-9  procedures for obtaining an original license.  However, the board
  27-10  may renew a license without reexamination for a person who was,
  27-11  within the past three years, licensed in this state and is
  27-12  currently licensed in and has been in practice in another state for
  27-13  the two years preceding application.  An applicant who was licensed
  27-14  in this state but whose license expired more than three years ago
  27-15  may reapply for a license by meeting current licensing
  27-16  requirements.  The board may establish rules to address the
  27-17  reinstatement of a license in cases of medical hardship.  To renew
  27-18  an expired license, the person must pay to the board a fee that is
  27-19  equal to all unpaid renewal fees for the license.  <A suspended
  27-20  license is subject to expiration and may be renewed as provided in
  27-21  this Act, but the renewal does not entitle the licensee, while the
  27-22  license remains suspended and until it is reinstated, to engage in
  27-23  the licensed activity or in any other activity or conduct in
  27-24  violation of the order or judgment by which the license was
  27-25  suspended.  A license revoked on disciplinary grounds is subject to
   28-1  expiration as provided in this Act, but it may not be renewed.  If
   28-2  it is reinstated after its expiration, the licensee as a condition
   28-3  of reinstatement shall pay a reinstatement fee in an amount equal
   28-4  to the renewal fee in effect on the last preceding regular renewal
   28-5  date before the date on which it is reinstated, plus the
   28-6  delinquency fee, if any, accrued at the time of the license
   28-7  revocation.>
   28-8        Sec. 16.  Fees.  <The amount of fees initially prescribed in
   28-9  connection with a license as a speech-language pathologist or
  28-10  audiologist may not exceed the following:>
  28-11              <(1)  application fee:                   $75>
  28-12              <(2)  examination fee:                   $50>
  28-13              <(3)  initial license fee:               $75>
  28-14              <(4)  license renewal fee:               $75>
  28-15              <(5)  delinquency fee:                   $50>
  28-16              <(6)  temporary license fee:             $25>
  28-17              <(7)  duplicate license fee:             $10>
  28-18  The board <committee> by rule shall establish reasonable and
  28-19  necessary fees.  The<, and such> fees set by the board shall be
  28-20  adjusted so that the total fees collected, in the aggregate, shall
  28-21  be sufficient to meet the expenses of administering this Act <and
  28-22  so that unnecessary surpluses in the fund provided for in Section
  28-23  20 of this Act are avoided>.
  28-24        Sec. 17.  Denial, Suspension, and Revocation.  (a)  The board
  28-25  <committee> may refuse to issue a license to an applicant or may
   29-1  suspend or revoke the license of any licensee for any of the
   29-2  following causes:
   29-3              (1)  obtaining a license by means of fraud,
   29-4  misrepresentation, or concealment of material facts;
   29-5              (2)  selling, bartering, or offering to sell or barter
   29-6  a license or certificate of registration;
   29-7              (3)  unprofessional conduct that has endangered or is
   29-8  likely to endanger the health, welfare, or safety of the public as
   29-9  defined by the rules established by the board <committee> or
  29-10  violation of the code of ethics adopted and published by the board
  29-11  <committee>;
  29-12              (4)  violating any lawful order or rule rendered or
  29-13  adopted by the board <committee>; or
  29-14              (5)  violating any provisions of this Act.
  29-15        (b)  The board <committee> shall deny an application for or
  29-16  suspend or revoke or impose probationary conditions on a license as
  29-17  ordered by the board <committee> in any decision made after hearing
  29-18  as provided in this Act.  One year from the date of revocation of a
  29-19  license under this Act, application may be made to the board
  29-20  <committee> for reinstatement.  The board <committee> shall have
  29-21  discretion to accept or reject an application for reinstatement and
  29-22  may require an examination for the reinstatement.
  29-23        (c)  A plea or verdict of guilty or a conviction following a
  29-24  plea of nolo contendere made to a charge of a felony or of an
  29-25  offense involving moral turpitude is deemed to be a conviction
   30-1  within the meaning of this Act.  At the direction of the board
   30-2  <committee> the license may be suspended or revoked or the board
   30-3  <committee> may decline to issue a license when the time for appeal
   30-4  of the conviction has elapsed or the judgment or conviction has
   30-5  been affirmed on appeal, or when an order granting probation is
   30-6  made suspending the imposition of sentence irrespective of a
   30-7  subsequent order allowing a person to withdraw his or her plea of
   30-8  guilty, or setting aside the verdict of guilty, or dismissing the
   30-9  information or indictment.
  30-10        (d)  In addition to the other disciplinary actions authorized
  30-11  by this section, the board may issue a written reprimand to a
  30-12  license holder who violates this Act or require that a license
  30-13  holder who violates this Act attend continuing education programs
  30-14  and may specify the number of hours that must be successfully
  30-15  completed by an individual license holder to fulfill the
  30-16  requirements of this subsection.
  30-17        (e)  If a license suspension is probated, the board may
  30-18  require the license holder to:
  30-19              (1)  report regularly to the board on matters that are
  30-20  the basis of the probation;
  30-21              (2)  limit practice to the areas prescribed by the
  30-22  board; or
  30-23              (3)  continue or review professional continuing
  30-24  education until the license holder attains a degree of skill
  30-25  satisfactory to the board in those areas that are the basis of the
   31-1  probation.
   31-2        (f)  The schedule of sanctions adopted by the board by rule
   31-3  shall be used for any sanction imposed as the result of a hearing
   31-4  conducted by the board.
   31-5        Sec. 18.  Penalties.  (a)  A person who violates any of the
   31-6  provisions of this Act is guilty of a Class B misdemeanor and on
   31-7  conviction may be punished by confinement in the county jail not
   31-8  exceeding six months, by a fine not exceeding $1,000, or by both.
   31-9        (b)  If a person other than a licensed speech-language
  31-10  pathologist or audiologist has engaged in any act or practice which
  31-11  constitutes an offense under this Act, a district court of any
  31-12  county on application of the board <committee> may issue an
  31-13  injunction or other appropriate order restraining such conduct.
  31-14        Sec. 19.  Procedures for Denial, Revocation, or Suspension of
  31-15  a License.  (a)  A person whose application for a license is denied
  31-16  is entitled to a hearing before the board <committee> if such
  31-17  person submits a written request to the board <committee>.
  31-18        (b)  Proceedings for revocation or suspension of a license
  31-19  shall be commenced by filing charges with the board <committee> in
  31-20  writing and under oath.  The charges may be made by any person or
  31-21  persons.
  31-22        (c)  <The chairperson of the committee shall fix a time and
  31-23  place for a hearing and shall cause a written copy of the charges
  31-24  or reason for denial of a license, together with a notice of the
  31-25  time and place fixed for the hearing, to be served on the applicant
   32-1  requesting the hearing or the licensee against whom the charges
   32-2  have been filed at least 20 days prior to the date set for the
   32-3  hearing.  Service of charges and notice of hearing may be given by
   32-4  certified mail to the last known address of the licensee or
   32-5  applicant.>
   32-6        <(d)  At the hearing the applicant or licensee has the right
   32-7  to appear either personally or by counsel or both, to produce
   32-8  witnesses, to have subpoenas issued by the committee, and to
   32-9  cross-examine opposing or adverse witnesses.>
  32-10        <(e)  The committee shall determine the charges on their
  32-11  merits and enter an order in a permanent record setting forth the
  32-12  findings of fact and law and the action taken.  A copy of the order
  32-13  of the committee shall be mailed to the applicant or licensee at
  32-14  his or her last known address by certified mail.>
  32-15        <(f)  An individual whose application for a license has been
  32-16  refused or whose license has been cancelled, revoked, or suspended
  32-17  by the committee may take an appeal, within 20 days after the order
  32-18  is entered, to any district court of Travis County or to any
  32-19  district court of the county of his or her residence.>
  32-20        <(g)  In all appeals prosecuted in any of the courts of this
  32-21  state pursuant to the provisions of this Act, such trials shall be
  32-22  de novo as that term is used and understood in appeals from justice
  32-23  of the peace courts.  Under no circumstances shall the substantial
  32-24  evidence rule as interpreted and applied by the courts in Texas in
  32-25  other cases ever be used or applied to appeals prosecuted under the
   33-1  provisions of this Act.>
   33-2        <(h)>  All proceedings under this Act shall conform to the
   33-3  requirements of the Administrative Procedure and Texas Register
   33-4  Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
   33-5  Statutes), except as modified by this section.
   33-6        Sec. 20.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
   33-7  shall keep an information file about each complaint filed with the
   33-8  board.  The board's information file shall be kept current and
   33-9  contain a record for each complaint of:
  33-10              (1)  all persons contacted in relation to the
  33-11  complaint;
  33-12              (2)  a summary of findings made at each step of the
  33-13  complaint process;
  33-14              (3)  an explanation of the legal basis and reason for a
  33-15  complaint that is dismissed; and
  33-16              (4)  other relevant information.
  33-17        (b)  If a written complaint is filed with the board that the
  33-18  board has authority to resolve, the board, at least as frequently
  33-19  as quarterly and until final disposition of the complaint, shall
  33-20  notify the parties to the complaint of the status of the complaint
  33-21  unless the notice would jeopardize an undercover investigation.
  33-22        (c)  The board by rule shall adopt a form to standardize
  33-23  information concerning complaints made to the board.  The board by
  33-24  rule shall prescribe information to be provided to a person when
  33-25  the person files a complaint with the board.
   34-1        (d)  The board shall provide reasonable assistance to a
   34-2  person who wishes to file a complaint with the board.
   34-3        Sec. 21.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
   34-4  board shall adopt rules concerning the investigation of a complaint
   34-5  filed with the board.  The rules adopted under this subsection
   34-6  shall:
   34-7              (1)  distinguish between categories of complaints;
   34-8              (2)  ensure that complaints are not dismissed without
   34-9  appropriate consideration;
  34-10              (3)  require that the board be advised of a complaint
  34-11  that is dismissed and that a letter be sent to the person who filed
  34-12  the complaint explaining the action taken on the dismissed
  34-13  complaint;
  34-14              (4)  ensure that the person who filed the complaint has
  34-15  an opportunity to explain the allegations made in the complaint;
  34-16  and
  34-17              (5)  prescribe guidelines concerning the categories of
  34-18  complaints that require the use of a private investigator and the
  34-19  procedures for the board to obtain the services of a private
  34-20  investigator.
  34-21        (b)  The board shall dispose of all complaints in a timely
  34-22  manner.  The board shall establish a schedule for conducting each
  34-23  phase of a complaint that is under the control of the board not
  34-24  later than the 30th day after the date the complaint is received by
  34-25  the board.  The schedule shall be kept in the information file for
   35-1  the complaint and all parties shall be notified of the projected
   35-2  time requirements for pursuing the complaint.  A change in the
   35-3  schedule must be noted in the complaint information file and all
   35-4  parties to the complaint must be notified not later than the
   35-5  seventh day after the date the change is made.
   35-6        (c)  The director of the board shall notify the board of a
   35-7  complaint that extends beyond the time prescribed by the board for
   35-8  resolving the complaint so that the board may take necessary action
   35-9  on the complaint.
  35-10        Sec. 22.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
  35-11  adopt procedures governing:
  35-12              (1)  informal disposition of a contested case under
  35-13  Section 13(e), Administrative Procedure and Texas Register Act
  35-14  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  35-15  subsequent amendments; and
  35-16              (2)  informal proceedings held in compliance with
  35-17  Section 18(c), Administrative Procedure and Texas Register Act
  35-18  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  35-19  subsequent amendments.
  35-20        (b)  Rules adopted under this section must provide the
  35-21  complainant and the licensee an opportunity to be heard and must
  35-22  require the presence of a representative of the office of the
  35-23  attorney general to advise the board or the board's employees.
  35-24        Sec. 23.  MONITORING OF LICENSE HOLDER.  The board by rule
  35-25  shall develop a system for monitoring license holder's compliance
   36-1  with the requirements of this Act.  Rules adopted under this
   36-2  section shall include procedures for monitoring a license holder
   36-3  who is ordered by the board to perform certain acts to ascertain
   36-4  that the license holder performs the required acts and to identify
   36-5  and monitor license holders who represent a risk to the public.
   36-6        Sec. 24 <20>.  Disposition of Funds Received.  (a)  Except as
   36-7  provided in Section 25 of this Act, all <All> funds received by the
   36-8  board <committee> under this Act shall be deposited in accordance
   36-9  with applicable state law in the State Treasury in a separate fund
  36-10  to be known as the speech-language pathology and audiology fund and
  36-11  be appropriated to the board <Texas Department of Health> solely
  36-12  for administration of this Act.
  36-13        (b)  All <After August 31, 1984, all> expenses for the
  36-14  administration of the Act shall be paid from fees collected by the
  36-15  board <committee> under this Act.
  36-16        <(c)  There is hereby appropriated $80,000 to the
  36-17  speech-language pathology and audiology fund for the implementation
  36-18  of this Act, said funds coming from the General Revenue Fund for
  36-19  the first year provided that the first $80,000 of application and
  36-20  license fees shall be returned to the General Revenue Fund as they
  36-21  are received.>
  36-22        Sec. 25 <21>.  Exemptions From the Basic Science Law.  The
  36-23  provisions of Chapter 95, Acts of the 51st Legislature, Regular
  36-24  Session, 1949, as amended (Article 4590c, Vernon's Texas Civil
  36-25  Statutes), do not apply to audiologists or speech-language
   37-1  pathologists duly qualified and licensed under this Act who confine
   37-2  their activity to the areas specified in this Act.
   37-3        Sec. 26 <22>.  Sunset Provision.  The State Board <Committee>
   37-4  of Examiners for Speech-Language Pathology and Audiology is subject
   37-5  to Chapter 325, Government Code (Texas Sunset Act).  Unless
   37-6  continued in existence as provided by that chapter, the board
   37-7  <committee> is abolished and this Act expires September 1, 2005
   37-8  <1993>.
   37-9        SECTION 2.  This Act takes effect September 1, 1993.
  37-10        SECTION 3.  The importance of this legislation and the
  37-11  crowded condition of the calendars in both houses create an
  37-12  emergency and an imperative public necessity that the
  37-13  constitutional rule requiring bills to be read on three several
  37-14  days in each house be suspended, and this rule is hereby suspended.