S.B. No. 1077
AN ACT
1-1 relating to the regulation of speech-language pathology and
1-2 audiology and the continuation of the State Committee of Examiners
1-3 for Speech Pathology and Audiology.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Chapter 381, Acts of the 68th
1-6 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 2. DEFINITIONS. In this Act:
1-9 (1) "Board" means the State <Texas> Board of Examiners
1-10 for Speech-Language Pathology and Audiology <Health>.
1-11 (2) <"Committee" means the State Committee of
1-12 Examiners for Speech-Language Pathology and Audiology.>
1-13 <(3)> "Department" means the Texas Department of
1-14 Health.
1-15 (3) <(4)> "Person" means an individual, corporation,
1-16 partnership, or other legal entity.
1-17 (4) <(5)> "Speech-language pathologist" means an
1-18 individual who practices speech-language pathology, who makes a
1-19 nonmedical evaluation, who examines, counsels, or provides
1-20 habilitative or rehabilitative services for persons who have or are
1-21 suspected of having speech, voice, or language disorders, and who
1-22 meets the qualifications of <set forth in> this Act.
1-23 (5) <(6)> "The practice of speech-language pathology"
2-1 means the application of nonmedical principles, methods, and
2-2 procedures for the measurement, testing, evaluation, prediction,
2-3 counseling, habilitation, rehabilitation, or instruction related to
2-4 the development and disorders of communication, including speech,
2-5 voice, <or> language, oral pharyngeal function, or cognitive
2-6 processes, for the purpose of rendering or offering to render an
2-7 evaluation, prevention, or modification of these disorders and
2-8 conditions in individuals or groups of individuals.
2-9 Speech-language pathologists may perform <the> basic audiometric
2-10 screening tests and aural rehabilitation or habilitation <hearing
2-11 therapy procedures consistent with their training>.
2-12 (6) <(7)> "Audiologist" means a person who practices
2-13 audiology, who makes a nonmedical evaluation, who examines,
2-14 counsels, or provides habilitative or rehabilitative services for
2-15 persons who have or are suspected of having a hearing or vestibular
2-16 disorder, and who meets the qualifications of <set forth in> this
2-17 Act.
2-18 (7) <(8)> "The practice of audiology" means the
2-19 application of nonmedical principles, methods, and procedures for
2-20 the measurement, testing, appraisal, prediction, consultation,
2-21 counseling, habilitation, rehabilitation, or instruction related to
2-22 <hearing and> disorders of the auditory or vestibular systems
2-23 <hearing and> for the purpose of rendering or offering to render
2-24 services modifying communicative disorders involving speech,
2-25 language, auditory or vestibular function, or other aberrant
3-1 behavior relating to hearing loss. An audiologist may engage in
3-2 any tasks, procedures, acts, or practices that are necessary (A)
3-3 for the evaluation of hearing; (B) for training in the use of
3-4 amplification including hearing aids; <or> (C) for the making of
3-5 earmolds for hearing aids; (D) for the fitting, dispensing, and
3-6 sale of hearing aids; or (E) for the management of cerumen. An
3-7 audiologist may participate in consultation regarding noise control
3-8 and hearing conservation, may provide evaluations of environment or
3-9 equipment including calibration of equipment used in testing
3-10 auditory functioning and hearing conservation, and may perform the
3-11 basic speech and language screening tests and procedures consistent
3-12 with his or her training.
3-13 (8) "Licensed assistant in speech-language
3-14 <(9) "Speech-language> pathology <aide>" means a person who meets
3-15 minimum qualifications which the board <committee> may establish
3-16 for licensed assistants <speech-language pathology aides> and who
3-17 works under the direction of a licensed speech-language
3-18 pathologist. The qualifications for licensure as a licensed
3-19 assistant in speech-language pathology <aide> shall be uniform and
3-20 shall be less than those established by this Act as necessary for
3-21 licensure as a speech-language pathologist.
3-22 (9) "Licensed assistant in audiology"
3-23 <(10) "Audiology aide"> means a person who meets minimum
3-24 qualifications which the board <committee> may establish for
3-25 licensed assistants <audiology aides> and who works under the
4-1 direction of a licensed audiologist. The qualifications for
4-2 licensure as a licensed assistant in <an> audiology <aide> shall be
4-3 uniform and shall be less than those established by this Act as
4-4 necessary for licensure as an audiologist.
4-5 SECTION 2. Section 3, Chapter 381, Acts of the 68th
4-6 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
4-7 Civil Statutes), is amended to read as follows:
4-8 Sec. 3. BOARD <Committee>; Membership. (a) The State Board
4-9 <Committee> of Examiners for Speech Pathology and Audiology is
4-10 created within the Texas Department of Health. The board
4-11 <committee> consists of nine members appointed by the governor <to
4-12 take office on the effective date of this Act>. Members of the
4-13 board <committee> must have been residents of the State of Texas
4-14 for two years immediately preceding appointment and must be
4-15 representative of varying geographic regions of the state and from
4-16 varying employment settings. Six members must have been engaged in
4-17 rendering services, teaching, or research in speech-language
4-18 pathology or audiology for at least five years and must meet the
4-19 qualifications for full licensure under this Act. Of these six
4-20 members, three members shall be audiologists, three members shall
4-21 be speech-language pathologists. All <Except for the initial
4-22 appointees, all> six shall hold valid licenses under this Act.
4-23 Three members shall be selected from the general public. One of
4-24 the three public members of the board <committee> must be a
4-25 physician licensed to practice in the State of Texas and board
5-1 certified in otolaryngology or pediatrics. The two remaining
5-2 public members may not:
5-3 (1) be licensed by an occupational regulatory agency
5-4 in the field of health care;
5-5 (2) be employed by and participating in the management
5-6 of an agency or business entity that provides health-care services
5-7 or that sells, manufactures, or distributes health-care supplies or
5-8 equipment;
5-9 (3) own, control, or have a direct or indirect
5-10 interest in more than 10 percent of a business entity that provides
5-11 health-care services or that sells, manufactures, or distributes
5-12 health-care supplies or equipment; or
5-13 (4) be an officer, employee, or paid consultant of a
5-14 trade association in the field of health care. A member of the
5-15 board <committee> may not be related within the second degree of
5-16 affinity or consanguinity, as determined under Article 5996h,
5-17 Revised Statutes, to a person who is an officer, employee, or a
5-18 paid consultant of a trade association in the health-care field.
5-19 (b) An appointment to the board <committee> shall be made
5-20 without regard to the race, creed, sex, religion, or national
5-21 origin of the appointee.
5-22 (c) A person who is required to register as a lobbyist under
5-23 Chapter 305, Government Code, in a health-related area may not
5-24 serve as a member of the board or act as the general counsel to the
5-25 board.
6-1 (d) Each board member shall comply with the board member
6-2 training requirements established by any other state agency that is
6-3 given authority to establish the requirements for the board.
6-4 SECTION 3. Section 4, Chapter 381, Acts of the 68th
6-5 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
6-6 Civil Statutes), is amended to read as follows:
6-7 Sec. 4. Terms; Officers; Quorum; Expenses. (a) Members
6-8 <The term of initial appointees to the board shall be determined by
6-9 lot as follows: three members are appointed for terms which expire
6-10 August 31, 1985; three members are appointed for terms which expire
6-11 August 31, 1987; and three members are appointed for terms which
6-12 expire August 31, 1989. After the initial appointments, members>
6-13 are appointed for staggered terms of six years, with three terms
6-14 beginning September 1 of each odd-numbered year. Members of the
6-15 board <committee> shall serve until the expiration of the term to
6-16 which they have been appointed or until their successors have
6-17 qualified. A person may not be appointed to serve more than two
6-18 consecutive terms.
6-19 (b) The board <committee> shall be organized annually and
6-20 select a chairperson, vice-chairperson, and a secretary-treasurer.
6-21 The <initial chairperson shall be a person who meets the
6-22 qualifications for licensing under this Act. After September 1,
6-23 1984, the> chairperson shall hold a valid license under this Act.
6-24 (c) Five members of the board <committee> constitute a
6-25 quorum to do business.
7-1 (d) The board <committee> shall hold at least two regular
7-2 meetings each year <at which time an examination as defined in
7-3 Section 12 of this Act shall be offered>. Additional meetings may
7-4 be held on the call of the chairperson or at the written request of
7-5 any three members of the board <committee>. The board is subject
7-6 to the open meetings law, Chapter 271, Acts of the 60th
7-7 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
7-8 Civil Statutes), and its subsequent amendments. <At least 14 days'
7-9 advance notice of the committee meeting is required.>
7-10 (e) Board <Committee> members receive no compensation for
7-11 their services; however, each member of the board <committee> is
7-12 entitled to a per diem and travel allowance at the rate set by the
7-13 legislature for state employees in the General Appropriations Act
7-14 for each day that the member engages in the business of the board
7-15 <committee>.
7-16 SECTION 4. Section 5, Chapter 381, Acts of the 68th
7-17 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
7-18 Civil Statutes), is amended to read as follows:
7-19 Sec. 5. DUTIES AND POWERS OF THE BOARD <COMMITTEE>.
7-20 (a) The board <Subject to the approval of the board, the
7-21 committee> shall adopt rules necessary to administer and enforce
7-22 this Act, including rules that establish standards of ethical
7-23 practice.
7-24 (b) With the assistance of the department, the board
7-25 <committee> shall administer, coordinate, and enforce the
8-1 provisions of this Act; evaluate the qualifications of applicants;
8-2 provide for the examination of applicants; and issue subpoenas,
8-3 examine witnesses, and administer oaths under the laws of the State
8-4 of Texas.
8-5 (c) With the assistance of the department and in accordance
8-6 with the Administrative Procedure and Texas Register Act, as
8-7 amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
8-8 board <committee> shall conduct hearings and keep records and
8-9 minutes necessary to the orderly administration of this Act.
8-10 (d) The board <committee> with the aid of the department
8-11 shall investigate persons engaging in practices that violate the
8-12 provisions of this Act.
8-13 (e) A person who holds a license to practice speech-language
8-14 pathology or audiology in this state is governed and controlled by
8-15 the rules adopted by the <committee and approved by the> board <of
8-16 health>.
8-17 (f) The conferral or enumeration of specific powers
8-18 elsewhere in this Act shall not be construed as a limitation of the
8-19 general powers conferred by this section.
8-20 (g) The board <committee> shall be represented by the
8-21 attorney general and the district and county attorneys of this
8-22 state.
8-23 (h) The board <committee> may appoint subcommittees to work
8-24 under its jurisdiction<, subject to the approval of the board>.
8-25 (i) The board shall develop and implement policies that
9-1 clearly define the respective responsibilities of the board and the
9-2 staff of the board.
9-3 (j) The board shall prepare and maintain a written plan that
9-4 describes how a person who does not speak English can be provided
9-5 reasonable access to the board's programs. The board shall also
9-6 comply with federal and state laws for program and facility
9-7 accessibility.
9-8 (k) The board shall develop and implement policies that
9-9 provide the public with a reasonable opportunity to appear before
9-10 the board and to speak on any issue under the jurisdiction of the
9-11 board.
9-12 SECTION 5. Section 6, Chapter 381, Acts of the 68th
9-13 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
9-14 Civil Statutes), is amended to read as follows:
9-15 Sec. 6. Employees of the BOARD <Committee>. The Texas
9-16 Department of Health shall provide such administrative and clerical
9-17 employees as are necessary to carry out the provisions of this Act.
9-18 SECTION 6. Section 7, Chapter 381, Acts of the 68th
9-19 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
9-20 Civil Statutes), is amended to read as follows:
9-21 Sec. 7. Seal and Authentication of Records. The board
9-22 <committee> shall adopt a seal by which it shall authenticate its
9-23 proceedings. Copies of the proceedings, records, and acts of the
9-24 board <committee> and certificates purporting to relate the facts
9-25 concerning the proceedings, records, and acts, signed by the
10-1 secretary-treasurer and authenticated by the seal, are prima facie
10-2 evidence in all courts of this state.
10-3 SECTION 7. Subsections (a) and (b), Section 8, Chapter 381,
10-4 Acts of the 68th Legislature, Regular Session, 1983 (Article 4512j,
10-5 Vernon's Texas Civil Statutes), are amended to read as follows:
10-6 (a) Licenses shall be granted either in speech-language
10-7 pathology or audiology independently. Persons may be licensed in
10-8 both areas if they meet the qualifications. The board by rule
10-9 shall establish qualifications for dual licensure in
10-10 speech-language pathology and audiology and may develop a full
10-11 range of licensing options and establish rules for qualifications
10-12 as necessary.
10-13 (b) A person may not practice or represent himself or
10-14 herself as a speech-language pathologist or audiologist in this
10-15 state <after August 31, 1984,> unless he or she is licensed in
10-16 accordance with the provisions of this Act.
10-17 SECTION 8. Subsections (b) through (p), Section 9, Chapter
10-18 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
10-19 4512j, Vernon's Texas Civil Statutes), are amended to read as
10-20 follows:
10-21 (b) This Act does not prevent or restrict the activities and
10-22 services and the use of an official title by persons holding a
10-23 valid and current certification in speech-language pathology
10-24 <speech and hearing therapy> from the Central Education Agency if
10-25 those persons perform speech-language pathology or audiology
11-1 services solely as a part of their duties within an agency,
11-2 institution, or organization under the jurisdiction of the Central
11-3 Education Agency. Effective September 1, 1994, the Central
11-4 Education Agency certificate in speech-language pathology shall
11-5 require the new applicant to hold a master's degree in
11-6 communicative disorders or the equivalent from a university program
11-7 accredited by the American Speech-Language-Hearing Association and
11-8 to pass a national examination in speech-language pathology or
11-9 audiology approved by the board. If persons affected by this
11-10 subsection perform work as a speech-language pathologist or
11-11 audiologist apart from their positions within an agency,
11-12 institution, or organization of the Central Education Agency, they
11-13 must have a license issued by the board <committee>, except that a
11-14 person affected by this subsection may perform speech and hearing
11-15 screening procedures without compensation without having a license
11-16 issued by the board <committee>. In this subsection, "equivalent"
11-17 means graduate level course work and practicum from a program
11-18 accredited by the American Speech-Language-Hearing Association.
11-19 Course work and practicum requirements are the same as those
11-20 established by the board for a license in speech-language pathology
11-21 or audiology. The clinical fellowship year experience or
11-22 internship may not be a requirement for the Central Education
11-23 Agency certificate in speech-language pathology.
11-24 (c) This Act does not restrict the activities and services
11-25 of students <or interns> pursuing a course of study leading to a
12-1 degree in speech-language pathology at a college or university
12-2 accredited by the Southern Association of Colleges and Universities
12-3 or its equivalent, provided that these activities and services
12-4 constitute a part of their supervised course of study and <or
12-5 internship year; that after September 1, 1984,> they are supervised
12-6 by a person licensed under this Act,<;> and that they are
12-7 designated by a title such as <"Speech-Language Pathology Intern"
12-8 or> "Speech-Language Pathology Trainee" or other title clearly
12-9 indicating their professional preparation <the training> status
12-10 <appropriate to their level of training>.
12-11 (d) This Act does not restrict activities and services of
12-12 students <or interns> in audiology pursuing a course of study
12-13 leading to a degree in audiology at a college or university
12-14 accredited by the Southern Association of Colleges and Universities
12-15 or its equivalent, provided that these activities and services
12-16 constitute a part of their supervised course of study, <or
12-17 internship year; that after September 1, 1984,> they are supervised
12-18 by a person licensed under this Act,<;> and that they are
12-19 designated by a title such as <"Audiology Intern" or> "Audiology
12-20 Trainee" or other title clearly indicating their professional
12-21 preparation <the training> status <appropriate to their level of
12-22 training>. A student of audiology in an accredited college or
12-23 university program is exempt from Chapter 366, Acts of the 61st
12-24 Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
12-25 Vernon's Texas Civil Statutes), and its subsequent amendments, if
13-1 the student's activities and services constitute a part of the
13-2 student's supervised course of study or practicum experience.
13-3 (e) <This Act does not restrict the performance of
13-4 speech-language pathology or audiology services in this state by a
13-5 person not a resident of this state who is not licensed under this
13-6 Act, if the services are performed for no more than five days in a
13-7 calendar year and if the person meets the qualifications and
13-8 requirements for application for licensure under this Act.>
13-9 <(f)> This Act does not restrict the use of an official
13-10 title by an individual teaching in a university or college training
13-11 program, provided that the person is not engaged in the practice of
13-12 speech-language pathology or audiology and does not supervise
13-13 persons engaged in the practice of speech-language pathology or
13-14 audiology.
13-15 (f) <(g)> This Act does not permit a person to perform an
13-16 act that would be in violation of the Medical Practice Act (Article
13-17 4495b, Vernon's Texas Civil Statutes). <This Act does not permit a
13-18 person to provide medical or surgical diagnosis or treatment of
13-19 laryngeal or ear disorders.>
13-20 (g) <(h)> Nothing in this Act shall be construed as
13-21 restricting or preventing a physician or surgeon from engaging in
13-22 the practice of medicine in this state. This Act does not restrict
13-23 speech or hearing testing or evaluation personally conducted by a
13-24 licensed physician or surgeon.
13-25 (h) <(i) This Act does not apply to persons employed by the
14-1 Texas Department of Health in its programs concerned with hearing
14-2 or speech services as long as they are performing duties under the
14-3 jurisdiction of the Texas Department of Health.>
14-4 <(j)> This Act does not apply to a person who shows evidence
14-5 of having received training by the Texas Department of Health in
14-6 one of the communication, speech, language, or hearing screening
14-7 training programs approved by that agency, provided that all
14-8 activities performed under this exception shall be limited to
14-9 screening as defined by board rule <of hearing sensitivity>. An
14-10 individual who has received training by the department in one of
14-11 the communication, speech, language, or hearing screening training
14-12 programs approved by the department may not practice
14-13 speech-language pathology or audiology or represent the individual
14-14 as a speech-language pathologist or audiologist.
14-15 (i) <(k) This Act does not license a person to sell hearing
14-16 aids as defined in Chapter 366, Acts of the 61st Legislature,
14-17 Regular Session, 1969, as amended (Article 4566-1.01 et seq.,
14-18 Vernon's Texas Civil Statutes).>
14-19 <(l)> This Act does not prevent or restrict a person
14-20 licensed under Chapter 366, Acts of the 61st Legislature, Regular
14-21 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
14-22 Statutes), and its subsequent amendments, <by the Texas Board of
14-23 Examiners in the Fitting and Dispensing of Hearing Aids> from
14-24 engaging in the practice of fitting and dispensing hearing aids.
14-25 This Act does not prohibit a fitter and dispenser of hearing aids
15-1 licensed under Chapter 366, Acts of the 61st Legislature, Regular
15-2 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
15-3 Statutes), and its subsequent amendments, from measuring human
15-4 hearing using an audiometer or by any means to make a selection,
15-5 adaptation, or sale of a hearing aid, including making impressions
15-6 for earmolds to be used as part of a hearing aid, and any
15-7 post-fitting counseling to fit and dispense hearing aids. A person
15-8 who is not an audiologist who is licensed to fit and dispense
15-9 hearing aids under Chapter 366, Acts of the 61st Legislature,
15-10 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
15-11 Civil Statutes), and its subsequent amendments, may not practice
15-12 speech-language pathology or audiology or represent the person as a
15-13 speech-language pathologist or audiologist or by any other term
15-14 restricted by this Act.
15-15 (j) <(m)> This Act does not prevent persons in an industrial
15-16 setting from engaging in hearing testing as a part of a hearing
15-17 conservation program in compliance with regulations of the
15-18 Occupational Safety and Health Administration, provided that such
15-19 persons are certified by an agency acceptable to the Occupational
15-20 Safety and Health Administration.
15-21 (k) <(n)> This Act does not prevent or restrict
15-22 communication, speech, language, or hearing screenings as defined
15-23 by board rule <sensitivity screening evaluations> conducted by
15-24 registered nurses licensed by the laws of this state and practicing
15-25 in accordance with the standards of professional conduct and ethics
16-1 promulgated by the rules and regulations of the Board of Nurse
16-2 Examiners.
16-3 <(o) This Act does not prevent the use of the title
16-4 "Certified Hearing Aid Audiologist" by a person so certified by the
16-5 National Hearing Aid Association if the person is a licensed
16-6 hearing aid dispenser and uses the title solely in connection with
16-7 fitting and dispensing hearing aids and does not represent himself
16-8 to be a licensed audiologist under this Act.>
16-9 <(p) Nothing in this Act shall be construed as restricting
16-10 or preventing a licensed psychologist from engaging in the practice
16-11 of psychology within the scope of the activities permitted under
16-12 that license.>
16-13 SECTION 9. Chapter 381, Acts of the 68th Legislature,
16-14 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
16-15 Statutes), is amended by adding Section 9A to read as follows:
16-16 Sec. 9A. FITTING AND DISPENSING OF HEARING AIDS BY PERSONS
16-17 REGULATED UNDER THIS ACT. (a) A person licensed as a
16-18 speech-language pathologist under this Act may not fit, dispense,
16-19 or sell hearing aids unless the person meets the specific
16-20 requirements for fitting and dispensing hearing aids under this Act
16-21 or Chapter 366, Acts of the 61st Legislature, Regular Session, 1969
16-22 (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes), and its
16-23 subsequent amendments.
16-24 (b) A person who meets the requirements of this Act for
16-25 licensure as an audiologist or audiologist intern who fits and
17-1 dispenses hearing aids must:
17-2 (1) register with the board the person's intent to fit
17-3 and dispense hearing aids;
17-4 (2) adhere to the profession's code of ethics;
17-5 (3) comply with the federal Food and Drug
17-6 Administration guidelines required for fitting and dispensing
17-7 hearing aids;
17-8 (4) provide a written contract for services in this
17-9 state that contains the name, mailing address, and telephone number
17-10 of the board; and
17-11 (5) follow the guidelines adopted by board rule for a
17-12 30-day trial period on every hearing aid purchased.
17-13 (c) If audiometric testing is not conducted in a stationary
17-14 acoustical enclosure, sound level measurements must be conducted at
17-15 the time of the testing to ensure that ambient noise levels meet
17-16 permissible standards for testing threshold to 20 dB based on the
17-17 most recent American National Standards Institute "ears covered"
17-18 octave band criteria for permissible ambient noise levels during
17-19 audiometric testing. A dBa equivalent level may be used to
17-20 determine compliance. The board shall adopt rules necessary to
17-21 enforce this subsection.
17-22 (d) A licensed hearing aid fitter and dispenser or licensed
17-23 audiologist may not sell a hearing aid to a person under 18 years
17-24 of age unless the prospective user, parent, or guardian presents
17-25 the hearing aid fitter and dispenser or audiologist with a written
18-1 statement signed by a licensed physician who specializes in
18-2 diseases of the ear that states that the prospective user's hearing
18-3 loss has been medically evaluated during the six-month period
18-4 preceding the date the statement is presented and that the
18-5 prospective user may be considered a candidate for a hearing
18-6 instrument.
18-7 SECTION 10. Section 10, Chapter 381, Acts of the 68th
18-8 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
18-9 Civil Statutes), is amended to read as follows:
18-10 Sec. 10. Qualification of Applicants for License; INTERN
18-11 LICENSE. (a) To be eligible for licensing as a speech-language
18-12 pathologist or audiologist, an applicant must:
18-13 (1) possess a minimum of <at least> a master's degree
18-14 with a major in not less than one of the areas of communicative
18-15 sciences or disorders from a program accredited by the American
18-16 Speech-Language-Hearing Association in <speech-language pathology
18-17 or audiology from> an accredited or approved college or university;
18-18 (2) submit transcripts from one or more colleges or
18-19 universities showing successful completion of course work in
18-20 amounts set by the <committee with the approval of the> board in
18-21 the following areas:
18-22 (A) information about normal development and use
18-23 of speech, language, and hearing;
18-24 (B) information about evaluation, habilitation,
18-25 and rehabilitation of speech, language, and hearing disorders; and
19-1 (C) information pertaining to related fields
19-2 that augment the work of clinical practitioners of speech-language
19-3 pathology and audiology;
19-4 (3) have successfully completed at least 36 <30>
19-5 semester hours in courses that are acceptable toward a graduate
19-6 degree by the college or university in which they are taken, at
19-7 least 24 <21> of which are within the professional area for which
19-8 the license is requested and at least six of which are in audiology
19-9 for the applicant for a license in speech-language pathology
19-10 <license> or not less than six of which are in speech-language
19-11 pathology for the applicant for a license in audiology;
19-12 (4) have completed the <a> minimum number of <300
19-13 clock> hours established by the board of supervised clinical
19-14 experience with individuals who present a variety of communication
19-15 disorders. This<, and this> experience must have been obtained
19-16 within his or her educational <training> institution or in one of
19-17 its cooperating programs and under the supervision of a person
19-18 holding a valid license to practice speech-language pathology or
19-19 audiology<, provided during the first year of this Act, the
19-20 supervision may be under a person who would have met the
19-21 qualifications for a license under this Act>; and
19-22 (5) have obtained <the equivalent of nine months of>
19-23 full-time supervised professional experience as defined by board
19-24 rule in which bona fide clinical work has been accomplished in the
19-25 major professional area for which the license is being sought,
20-1 under the supervision of a qualified person acceptable to the board
20-2 <committee> pursuant to guidelines approved by the board. The
20-3 supervised professional <which> experience must have begun after
20-4 completion of the academic and clinical experience required by this
20-5 section.
20-6 (b) An applicant who has completed the requirements of
20-7 Subsections (a)(1) through (4) of this section may only be licensed
20-8 as an intern under this Act. An applicant who has successfully
20-9 completed all academic and clinical requirements of Subsections
20-10 (a)(1) through (4) of this section but who has not had the degree
20-11 officially conferred on the applicant may be licensed as an intern
20-12 under this Act. The board by rule shall prescribe the terms by
20-13 which an applicant may practice under an intern's license under
20-14 this subsection. The board by rule shall establish general
20-15 guidelines and renewal procedures for the holder of an intern
20-16 license. An audiology intern is exempt from Chapter 366, Acts of
20-17 the 61st Legislature, Regular Session, 1969 (Article 4566-1.01 et
20-18 seq., Vernon's Texas Civil Statutes), and its subsequent
20-19 amendments.
20-20 SECTION 11. Section 11, Chapter 381, Acts of the 68th
20-21 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
20-22 Civil Statutes), is amended to read as follows:
20-23 Sec. 11. Application for License. Each person desiring a
20-24 license under this Act shall make application to the board
20-25 <committee> on a form and in the manner the board <committee>
21-1 prescribes. The application shall be accompanied by the
21-2 application fee which may not be refunded by the board <committee>.
21-3 SECTION 12. Section 12, Chapter 381, Acts of the 68th
21-4 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
21-5 Civil Statutes), is amended to read as follows:
21-6 Sec. 12. Examination. (a) Each applicant shall pass a
21-7 validated examination approved <be examined> by the board
21-8 <committee> and shall pay fees in a manner prescribed by the board
21-9 <to the committee, at least 30 days prior to the date of
21-10 examination, a nonrefundable examination fee prescribed by the
21-11 committee>. The examination shall be administered <given> at least
21-12 twice each year <at a time and place established by and under the
21-13 supervision of the committee>.
21-14 (b) The board by rule may establish procedures for the
21-15 administration of the examination. The board by rule <committee>
21-16 may require a <examine by> written or oral examination or <by>
21-17 both. The board <committee> shall maintain a record of all
21-18 examination scores for at least two years after the date of
21-19 examination.
21-20 (c) Standards for acceptable performance shall be determined
21-21 by the board <committee>.
21-22 (d) The board <committee> may examine in whatever
21-23 theoretical or applied fields of speech-language pathology or
21-24 audiology it deems appropriate. It may examine the candidates with
21-25 regard to their professional skills and their judgment in the
22-1 utilization of speech-language pathology or audiology techniques or
22-2 methods.
22-3 (e) Persons who fail the examination may be examined at a
22-4 subsequent time if they pay another nonrefundable examination fee.
22-5 No applicant who has taken and failed to pass two examinations may
22-6 take the examination until the person has submitted a new
22-7 application together with a nonrefundable application fee and
22-8 presented evidence acceptable to the board <committee> of
22-9 additional study in the area for which licensure is sought. A
22-10 person who fails a licensing examination administered under this
22-11 Act shall contact the testing service administering the examination
22-12 to request an analysis of the person's performance on the
22-13 examination.
22-14 (f) Not later than the 30th day after the date on which a
22-15 licensing examination is administered under this Act, the board
22-16 shall notify each examinee of the results of the examination.
22-17 However, if an examination is graded or reviewed by a national or
22-18 state testing service and the testing service does not directly
22-19 notify examinees of the results of the examination, the board shall
22-20 notify examinees of the results of the examination not later than
22-21 the 14th day after the date on which the board receives the results
22-22 from the testing service. If the notice of examination results
22-23 graded or reviewed by a national or state testing service will be
22-24 delayed for longer than 90 days after the examination date, the
22-25 board shall notify the examinee of the reason for the delay before
23-1 the 90th day. <The committee may waive the examination for
23-2 applicants who:>
23-3 <(1) present proof of current licensure in another
23-4 state, including the District of Columbia, or territory of the
23-5 United States which maintains professional standards considered by
23-6 the committee to be equivalent to those set forth in this Act; or>
23-7 <(2) hold the Certificate of Clinical Competence of
23-8 the American Speech-Language Hearing Association in the area for
23-9 which a license is being sought.>
23-10 SECTION 13. Section 13, Chapter 381, Acts of the 68th
23-11 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
23-12 Civil Statutes), is amended to read as follows:
23-13 Sec. 13. LICENSING UNDER SPECIAL CONDITIONS. (a) <The
23-14 committee on request must waive educational, professional
23-15 experience, and examination requirements for licensure in
23-16 speech-language pathology for applicants who hold a baccalaureate
23-17 or graduate degree, are fully certified by the Central Education
23-18 Agency in speech and hearing therapy or in the judgment of the
23-19 committee have met equivalent requirements, and within two years
23-20 prior to the effective date of this Act were engaged in the
23-21 practice of speech pathology on proof of bona fide practice of
23-22 speech pathology, presented to the committee in the manner
23-23 prescribed by the committee's rules, provided they file an
23-24 application for licensure with the committee or the board of health
23-25 before January 1, 1986. Such licenses shall be issued without
24-1 delay and shall be renewed in the same manner as licenses granted
24-2 under other provisions of this Act.>
24-3 <(b) The committee on request shall waive educational and
24-4 professional experience requirements for a license in audiology for
24-5 an applicant who, on the effective date of this Act, holds a
24-6 graduate degree from an accredited institution of higher education
24-7 with a major in speech-language pathology or audiology, and has
24-8 been continuously engaged in the practice of audiology for ten
24-9 years immediately preceding the effective date of this Act,
24-10 provided the applicant files an application for licensure with the
24-11 committee on or before January 1, 1986. Such an applicant must
24-12 pass the licensing examination under Section 12 of this Act not
24-13 later than August 31, 1986.>
24-14 <(c)> The board <committee> may <waive the examination and>
24-15 grant a provisional license <licensure> to an applicant who:
24-16 (1) possesses a license in good standing as a
24-17 speech-language pathologist or an audiologist in another state, the
24-18 District of Columbia, or a territory of the United States that has
24-19 licensing requirements that are substantially equivalent to the
24-20 requirements of this Act;
24-21 (2) has passed a national or other examination
24-22 relating to speech-language pathology or audiology that is
24-23 recognized by the board; and
24-24 (3) is sponsored by a person licensed by the board
24-25 under this Act with whom the provisional license holder may
25-1 practice under this section <presents proof of current licensure in
25-2 another state, including the District of Columbia, or territory of
25-3 the United States which maintains professional standards considered
25-4 by the committee to be equivalent to those set forth in this Act>.
25-5 (b) An applicant for a provisional license may be excused
25-6 from the requirement of Subsection (a)(3) of this section if the
25-7 board determines that compliance with that subsection constitutes a
25-8 hardship to the applicant.
25-9 (c) A provisional license is valid until the date the board
25-10 approves or denies the provisional license holder's application for
25-11 a license. The board shall issue a license under this Act to the
25-12 holder of a provisional license under this section if:
25-13 (1) the provisional license holder passes the
25-14 examination required by Section 12 of this Act;
25-15 (2) the board verifies that the provisional license
25-16 holder has the academic and experience requirements for a license
25-17 under this Act; and
25-18 (3) the provisional license holder satisfies any other
25-19 license requirements under this Act.
25-20 (d) The board must complete the processing of a provisional
25-21 license holder's application for a license not later than the 180th
25-22 day after the date the provisional license is issued.
25-23 (e) <(d)> The board <committee> may waive the examination
25-24 and grant licensure to an applicant who holds the Certificate of
25-25 Clinical Competence of the American Speech-Language Hearing
26-1 Association <or has met equivalent requirements in the area for
26-2 which a license is sought>.
26-3 SECTION 14. Subsections (a), (c), and (d), Section 14,
26-4 Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
26-5 (Article 4512j, Vernon's Texas Civil Statutes), are amended to read
26-6 as follows:
26-7 (a) The board <committee> shall issue a license to an
26-8 applicant who meets the requirements of this Act and who pays to
26-9 the board <committee> the initial nonrefundable license fee.
26-10 (c) On receiving an application provided for under
26-11 Subsection (b) of this section accompanied by the nonrefundable
26-12 application fee, the board <committee> shall issue a temporary
26-13 certificate of registration which entitles the applicant to
26-14 practice audiology or speech-language pathology for a period ending
26-15 eight weeks after the conclusion of the next examination given
26-16 after the date of issue.
26-17 (d) The board by rule may adopt a system under which
26-18 licenses expire on various dates during the year. For the year in
26-19 which the license expiration date is changed, license fees payable
26-20 on the original expiration date shall be prorated on a monthly
26-21 basis so that each licensee shall pay only that portion of the
26-22 license fee that is allocable to the number of months during which
26-23 the license is valid. On renewal of the license on the new
26-24 expiration date, the total license renewal fee is payable <All
26-25 licenses expire and become invalid one year from the date of
27-1 issuance if not renewed>.
27-2 SECTION 15. Chapter 381, Acts of the 68th Legislature,
27-3 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
27-4 Statutes), is amended by adding Section 14A to read as follows:
27-5 Sec. 14A. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
27-6 board by rule may provide for the issuance of a temporary license.
27-7 (b) The board by rule may provide for a person who holds a
27-8 license under this Act to be placed on inactive status. Rules
27-9 adopted under this section shall include a time limit for a license
27-10 holder to remain on inactive status.
27-11 SECTION 16. Subsections (a), (c), and (d), Section 15,
27-12 Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
27-13 (Article 4512j, Vernon's Texas Civil Statutes), are amended to read
27-14 as follows:
27-15 (a) Each licensed speech-language pathologist or audiologist
27-16 shall annually pay the nonrefundable renewal fee for a renewal of
27-17 his license. A 60-day grace period shall be allowed. After
27-18 expiration of the grace period, the board <committee> may renew
27-19 each license after payment of a penalty set by the rules. No
27-20 person who applies for renewal within two years after the date of
27-21 expiration of the license may be required to submit to an
27-22 examination as a condition to renewal. An application for a
27-23 license filed not later than the second anniversary of the
27-24 expiration date of the person's license is considered an
27-25 application for renewal.
28-1 (c) Renewal <Within three years of the effective date of
28-2 this Act, renewal> of a license is contingent on the applicant's
28-3 meeting uniform mandatory continuing education requirements that
28-4 shall be established by the board <committee>. These continuing
28-5 education requirements must be of such a nature that they can be
28-6 met without necessitating an extended absence from the licensee's
28-7 county of residence. <Notice of continuing education requirements
28-8 shall be sent to all persons licensed under this Act at least 12
28-9 months prior to the time that the person's license renewal is
28-10 dependent on completion of the requirements.> Continuing education
28-11 requirements shall be sent to new applicants with the forms on
28-12 which they are to apply for licensure. Notification or changes in
28-13 continuing education requirements shall be sent to persons licensed
28-14 under this Act at least one year prior to the date on which the new
28-15 requirements become effective.
28-16 (d) If a person's license has been expired for two years or
28-17 longer, the person may not renew the license. The person may
28-18 obtain a new license by complying with the requirements and
28-19 procedures for obtaining an original license. However, the board
28-20 may renew without reexamination an expired license of a person who
28-21 within the last three years was licensed in this state and is
28-22 currently licensed and has been in practice in another state for
28-23 the two years preceding application. An applicant who was licensed
28-24 in this state but whose license has been expired for more than
28-25 three years may reapply for a license by meeting the current
29-1 licensing requirements. The board may adopt rules concerning the
29-2 reinstatement of a license in a case of medical hardship. To
29-3 renew an expired license the person must pay to the board a fee
29-4 that is equal to the examination fee for the license. <A suspended
29-5 license is subject to expiration and may be renewed as provided in
29-6 this Act, but the renewal does not entitle the licensee, while the
29-7 license remains suspended and until it is reinstated, to engage in
29-8 the licensed activity or in any other activity or conduct in
29-9 violation of the order or judgment by which the license was
29-10 suspended. A license revoked on disciplinary grounds is subject to
29-11 expiration as provided in this Act, but it may not be renewed. If
29-12 it is reinstated after its expiration, the licensee as a condition
29-13 of reinstatement shall pay a reinstatement fee in an amount equal
29-14 to the renewal fee in effect on the last preceding regular renewal
29-15 date before the date on which it is reinstated, plus the
29-16 delinquency fee, if any, accrued at the time of the license
29-17 revocation.>
29-18 SECTION 17. Section 16, Chapter 381, Acts of the 68th
29-19 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
29-20 Civil Statutes), is amended to read as follows:
29-21 Sec. 16. Fees. <The amount of fees initially prescribed in
29-22 connection with a license as a speech-language pathologist or
29-23 audiologist may not exceed the following:>
29-24 <(1) application fee: $75>
29-25 <(2) examination fee: $50>
30-1 <(3) initial license fee: $75>
30-2 <(4) license renewal fee: $75>
30-3 <(5) delinquency fee: $50>
30-4 <(6) temporary license fee: $25>
30-5 <(7) duplicate license fee: $10>
30-6 The board <committee> by rule shall establish reasonable and
30-7 necessary fees. The<, and such> fees set by the board shall be
30-8 adjusted so that the total fees collected, in the aggregate, shall
30-9 be sufficient to meet the expenses of administering this Act <and
30-10 so that unnecessary surpluses in the fund provided for in Section
30-11 20 of this Act are avoided>.
30-12 SECTION 18. Section 17, Chapter 381, Acts of the 68th
30-13 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
30-14 Civil Statutes), is amended to read as follows:
30-15 Sec. 17. DENIAL, SUSPENSION, AND REVOCATION. (a) The board
30-16 <committee> may refuse to issue a license to an applicant or may
30-17 suspend or revoke the license of any licensee for any of the
30-18 following causes:
30-19 (1) obtaining a license by means of fraud,
30-20 misrepresentation, or concealment of material facts;
30-21 (2) selling, bartering, or offering to sell or barter
30-22 a license or certificate of registration;
30-23 (3) unprofessional conduct that has endangered or is
30-24 likely to endanger the health, welfare, or safety of the public as
30-25 defined by the rules established by the board <committee> or
31-1 violation of the code of ethics adopted and published by the board
31-2 <committee>;
31-3 (4) violating any lawful order or rule rendered or
31-4 adopted by the board <committee>; or
31-5 (5) violating any provisions of this Act.
31-6 (b) The board <committee> shall deny an application for or
31-7 suspend or revoke or impose probationary conditions on a license as
31-8 ordered by the board <committee> in any decision made after hearing
31-9 as provided in this Act. One year from the date of revocation of a
31-10 license under this Act, application may be made to the board
31-11 <committee> for reinstatement. The board <committee> shall have
31-12 discretion to accept or reject an application for reinstatement and
31-13 may require an examination for the reinstatement.
31-14 (c) A plea or verdict of guilty or a conviction following a
31-15 plea of nolo contendere made to a charge of a felony or of an
31-16 offense involving moral turpitude is deemed to be a conviction
31-17 within the meaning of this Act. At the direction of the board
31-18 <committee> the license may be suspended or revoked or the board
31-19 <committee> may decline to issue a license when the time for appeal
31-20 of the conviction has elapsed or the judgment or conviction has
31-21 been affirmed on appeal, or when an order granting probation is
31-22 made suspending the imposition of sentence irrespective of a
31-23 subsequent order allowing a person to withdraw his or her plea of
31-24 guilty, or setting aside the verdict of guilty, or dismissing the
31-25 information or indictment.
32-1 (d) In addition to the other disciplinary actions authorized
32-2 by this section, the board may issue a written reprimand to a
32-3 license holder who violates this Act or require that a license
32-4 holder who violates this Act attend continuing education programs.
32-5 The board may specify the number of hours that must be completed by
32-6 an individual license holder to fulfill the requirements of this
32-7 subsection.
32-8 (e) If a license suspension is probated, the board may
32-9 require the license holder to:
32-10 (1) report regularly to the board on matters that are
32-11 the basis of the probation;
32-12 (2) limit practice to the areas prescribed by the
32-13 board; or
32-14 (3) continue or review continuing professional
32-15 education until the license holder attains a degree of skill
32-16 satisfactory to the board in those areas that are the basis of the
32-17 probation.
32-18 (f) The schedule of sanctions adopted by the board by rule
32-19 shall be used for any sanction imposed as the result of a hearing
32-20 conducted by the board.
32-21 SECTION 19. Subsection (b), Section 18, Chapter 381, Acts of
32-22 the 68th Legislature, Regular Session, 1983 (Article 4512j,
32-23 Vernon's Texas Civil Statutes), is amended to read as follows:
32-24 (b) If a person other than a licensed speech-language
32-25 pathologist or audiologist has engaged in any act or practice which
33-1 constitutes an offense under this Act, a district court of any
33-2 county on application of the board <committee> may issue an
33-3 injunction or other appropriate order restraining such conduct.
33-4 SECTION 20. Section 19, Chapter 381, Acts of the 68th
33-5 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
33-6 Civil Statutes), is amended to read as follows:
33-7 Sec. 19. Procedures for Denial, Revocation, or Suspension of
33-8 a License. (a) A person whose application for a license is denied
33-9 is entitled to a hearing before the board <committee> if such
33-10 person submits a written request to the board <committee>.
33-11 (b) Proceedings for revocation or suspension of a license
33-12 shall be commenced by filing charges with the board <committee> in
33-13 writing and under oath. The charges may be made by any person or
33-14 persons.
33-15 (c) <The chairperson of the committee shall fix a time and
33-16 place for a hearing and shall cause a written copy of the charges
33-17 or reason for denial of a license, together with a notice of the
33-18 time and place fixed for the hearing, to be served on the applicant
33-19 requesting the hearing or the licensee against whom the charges
33-20 have been filed at least 20 days prior to the date set for the
33-21 hearing. Service of charges and notice of hearing may be given by
33-22 certified mail to the last known address of the licensee or
33-23 applicant.>
33-24 <(d) At the hearing the applicant or licensee has the right
33-25 to appear either personally or by counsel or both, to produce
34-1 witnesses, to have subpoenas issued by the committee, and to
34-2 cross-examine opposing or adverse witnesses.>
34-3 <(e) The committee shall determine the charges on their
34-4 merits and enter an order in a permanent record setting forth the
34-5 findings of fact and law and the action taken. A copy of the order
34-6 of the committee shall be mailed to the applicant or licensee at
34-7 his or her last known address by certified mail.>
34-8 <(f) An individual whose application for a license has been
34-9 refused or whose license has been cancelled, revoked, or suspended
34-10 by the committee may take an appeal, within 20 days after the order
34-11 is entered, to any district court of Travis County or to any
34-12 district court of the county of his or her residence.>
34-13 <(g) In all appeals prosecuted in any of the courts of this
34-14 state pursuant to the provisions of this Act, such trials shall be
34-15 de novo as that term is used and understood in appeals from justice
34-16 of the peace courts. Under no circumstances shall the substantial
34-17 evidence rule as interpreted and applied by the courts in Texas in
34-18 other cases ever be used or applied to appeals prosecuted under the
34-19 provisions of this Act.>
34-20 <(h)> All proceedings under this Act shall conform to the
34-21 requirements of the Administrative Procedure and Texas Register
34-22 Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
34-23 Statutes), except as modified by this section.
34-24 SECTION 21. Section 20, Chapter 381, Acts of the 68th
34-25 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
35-1 Civil Statutes), is amended to read as follows:
35-2 Sec. 20. DISPOSITION OF FUNDS RECEIVED. (a) All funds
35-3 received by the board <committee> under this Act shall be deposited
35-4 in accordance with applicable state law in the State Treasury in a
35-5 separate fund to be known as the speech-language pathology and
35-6 audiology fund and be appropriated to the board <Texas Department
35-7 of Health> solely for administration of this Act.
35-8 (b) All <After August 31, 1984, all> expenses for the
35-9 administration of the Act shall be paid from fees collected by the
35-10 board <committee> under this Act.
35-11 <(c) There is hereby appropriated $80,000 to the
35-12 speech-language pathology and audiology fund for the implementation
35-13 of this Act, said funds coming from the General Revenue Fund for
35-14 the first year provided that the first $80,000 of application and
35-15 license fees shall be returned to the General Revenue Fund as they
35-16 are received.>
35-17 SECTION 22. Section 22, Chapter 381, Acts of the 68th
35-18 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
35-19 Civil Statutes), is amended to read as follows:
35-20 Sec. 22. SUNSET PROVISION. The State Board <Committee> of
35-21 Examiners for Speech-Language Pathology and Audiology is subject to
35-22 Chapter 325, Government Code (Texas Sunset Act). Unless continued
35-23 in existence as provided by that chapter, the board <committee> is
35-24 abolished and this Act expires September 1, 2005 <1993>.
35-25 SECTION 23. Chapter 381, Acts of the 68th Legislature,
36-1 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
36-2 Statutes), is amended by adding Section 23 to read as follows:
36-3 Sec. 23. COMPLAINT PROCEDURE IN GENERAL. (a) The board
36-4 shall keep an information file about each complaint filed with the
36-5 board. The board's information file shall be kept current and
36-6 contain a record for each complaint of:
36-7 (1) all persons contacted in relation to the
36-8 complaint;
36-9 (2) a summary of findings made at each step of the
36-10 complaint process;
36-11 (3) an explanation of the legal basis and reason for a
36-12 complaint that is dismissed; and
36-13 (4) other relevant information.
36-14 (b) If a written complaint is filed with the board that the
36-15 board has authority to resolve, the board, at least as frequently
36-16 as quarterly and until final disposition of the complaint, shall
36-17 notify the parties to the complaint of the status of the complaint
36-18 unless the notice would jeopardize an undercover investigation.
36-19 (c) The board by rule shall adopt a form to standardize
36-20 information concerning complaints made to the board. The board by
36-21 rule shall prescribe information to be provided to a person when
36-22 the person files a complaint with the board.
36-23 (d) The board shall provide reasonable assistance to a
36-24 person who wishes to file a complaint with the board.
36-25 (e) The board shall list along with its regular telephone
37-1 number the toll-free telephone number that may be called to present
37-2 a complaint about a health professional if the toll-free number is
37-3 established under other state law.
37-4 SECTION 24. Chapter 381, Acts of the 68th Legislature,
37-5 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
37-6 Statutes), is amended by adding Sections 24 and 25 to read as
37-7 follows:
37-8 Sec. 24. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
37-9 board shall adopt rules concerning the investigation of a complaint
37-10 filed with the board. The rules adopted under this subsection
37-11 shall:
37-12 (1) distinguish between categories of complaints;
37-13 (2) ensure that complaints are not dismissed without
37-14 appropriate consideration;
37-15 (3) require that the board be advised of a complaint
37-16 that is dismissed and that a letter be sent to the person who filed
37-17 the complaint explaining the action taken on the dismissed
37-18 complaint;
37-19 (4) ensure that the person who filed the complaint has
37-20 an opportunity to explain the allegations made in the complaint;
37-21 and
37-22 (5) prescribe guidelines concerning the categories of
37-23 complaints that require the use of a private investigator and the
37-24 procedures for the board to obtain the services of a private
37-25 investigator.
38-1 (b) The board shall dispose of all complaints in a timely
38-2 manner. The board shall establish a schedule for conducting each
38-3 phase of a complaint that is under the control of the board not
38-4 later than the 30th day after the date the complaint is received by
38-5 the board. The schedule shall be kept in the information file for
38-6 the complaint and all parties shall be notified of the projected
38-7 time requirements for pursuing the complaint. A change in the
38-8 schedule must be noted in the complaint information file and all
38-9 parties to the complaint must be notified not later than the
38-10 seventh day after the date the change is made.
38-11 (c) The director of the board shall notify the board of a
38-12 complaint that extends beyond the time prescribed by the board for
38-13 resolving the complaint so that the board may take necessary action
38-14 on the complaint.
38-15 Sec. 25. INFORMAL PROCEEDINGS. (a) The board by rule shall
38-16 adopt procedures governing:
38-17 (1) informal disposition of a contested case under
38-18 Section 13(e), Administrative Procedure and Texas Register Act
38-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
38-20 subsequent amendments; and
38-21 (2) informal proceedings held in compliance with
38-22 Section 18(c), Administrative Procedure and Texas Register Act
38-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
38-24 subsequent amendments.
38-25 (b) Rules adopted under this section must:
39-1 (1) provide the complainant, if applicable and
39-2 permitted by law, an opportunity to be heard;
39-3 (2) provide the licensee an opportunity to be heard;
39-4 and
39-5 (3) require the presence of an attorney to advise the
39-6 board or board's employees.
39-7 (c) The attorney under Subsection (b)(3) of this section
39-8 must be either a legal representative of the department who
39-9 represents the board or the board's employees or a representative
39-10 of the office of the attorney general.
39-11 SECTION 25. Chapter 381, Acts of the 68th Legislature,
39-12 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
39-13 Statutes), is amended by adding Section 26 to read as follows:
39-14 Sec. 26. MONITORING OF LICENSE HOLDER. The board by rule
39-15 shall develop a system for monitoring license holders' compliance
39-16 with the requirements of this Act. Rules adopted under this
39-17 section shall include procedures for monitoring a license holder
39-18 who is ordered by the board to perform certain acts to ascertain
39-19 that the license holder performs the required acts and to identify
39-20 and monitor license holders who represent a risk to the public.
39-21 SECTION 26. Section 21, Chapter 381, Acts of the 68th
39-22 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
39-23 Civil Statutes), is repealed.
39-24 SECTION 27. This Act takes effect September 1, 1993.
39-25 SECTION 28. The importance of this legislation and the
40-1 crowded condition of the calendars in both houses create an
40-2 emergency and an imperative public necessity that the
40-3 constitutional rule requiring bills to be read on three several
40-4 days in each house be suspended, and this rule is hereby suspended.