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.