By: Harris of Dallas S.B. No. 1077
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the licensing and regulation of persons engaged in the
1-2 practice of speech-language pathology and audiology.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 Section 1. Chapter 381, Acts of the 68th Legislature,
1-5 Regular Session, 1983, (Article 4512j), Vernon's Texas Civil
1-6 Statutes, is amended to read as follows:
1-7 SECTION 1. Purpose. It is the policy of the state in order
1-8 to safeguard the public health, safety, and welfare and to protect
1-9 the public from unprofessional conduct by speech-language
1-10 pathologists and audiologists it is necessary to provide regulatory
1-11 authority over persons offering speech-language and audiology
1-12 services to the public.
1-13 SECTION 2. Definitions. In this Act:
1-14 <(1) "Board" means the Texas Board of Health.>
1-15 (1) <(2)> "Board" <Committee> means the State Board
1-16 <Committee> of Examiners for Speech-Language Pathology and
1-17 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 <set forth in the> of 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 (6) <(7)> "Audiologist" means a person who practices
2-18 audiology, who makes a nonmedical evaluation, who examines,
2-19 counsels, or provides habilitative or rehabilitative services for
2-20 persons who have or are suspected of having a hearing or vestibular
2-21 disorder, and who meets the qualifications <set forth in the> of
2-22 this Act.
2-23 (7) <(8)> "The practice of audiology" means the
2-24 application of nonmedical principles, methods, and procedures for
2-25 the measurement, testing, appraisal, prediction, consultation,
3-1 counseling, habilitation, rehabilitation, or instruction related to
3-2 disorders of the auditory or vestibular systems <hearing and
3-3 disorders of hearing and> for the purpose of rendering or offering
3-4 to render services modifying communicative disorders involving
3-5 speech, language, auditory or vestibular function, or other
3-6 aberrant behavior relating to hearing loss. An audiologist may
3-7 engage in any tasks, procedures, acts, or practices that are
3-8 necessary (A) for the evaluation of hearing; (B) for training in
3-9 the use of amplification including hearing aids; <or> (C) for the
3-10 making of earmolds for hearing aids; (D) for the fitting,
3-11 dispensing and sale of hearing aids; or (E) for the management of
3-12 cerumen. An audiologist may participate in consultation regarding
3-13 noise control and hearing conservation, may provide evaluations of
3-14 environment or equipment including calibration of equipment used in
3-15 testing auditory functioning and hearing conservation, and may
3-16 perform the basic speech and language screening tests and
3-17 procedures consistent with his or her training.
3-18 (8) <(9)> A "Licensed Assistant in Speech-language
3-19 pathology <aide>" means a person who meets minimum qualifications
3-20 which the Board <Committee> may establish for speech-language
3-21 pathology licensed Assistants <aides> and who works under the
3-22 direction of a licensed speech-language pathologist. The
3-23 qualifications for licensure as a speech-language pathology
3-24 licensed Assistant <aide> shall be uniform and shall be less than
3-25 those established by this Act as necessary for licensure as a
4-1 speech-language pathologist.
4-2 (9) <(10)> A "licensed Assistant in Audiology"
4-3 <"Audiology aide"> means a person who meets minimum qualifications
4-4 which the Board <Committee> may establish for audiology licensed
4-5 Assistants <aides> and who works under the direction of a licensed
4-6 audiologist. The qualifications for licensure as an audiology
4-7 licensed Assistant <aide> shall be uniform and shall be less than
4-8 those established by this Act as necessary for licensure as an
4-9 audiologist.
4-10 SECTION 3. BOARD <Committee>; Membership. (a) The State
4-11 Board <Committee> of Examiners for Speech Pathology and Audiology
4-12 is created within the Texas Department of Health. The Board
4-13 <Committee> consists of nine members appointed by the governor.
4-14 <to take office on the effective date of this Act.> Members of the
4-15 Board <Committee> must have been residents of the State of Texas
4-16 for two years immediately preceding appointment and must be
4-17 representative of varying regions of the state and from varying
4-18 employment settings. Six members must have been engaged in
4-19 rendering services, teaching, or research in speech-language
4-20 pathology or audiology for at least five years and must meet the
4-21 qualifications for full licensure under this Act. Of these six
4-22 members, three members shall be audiologists, three members shall
4-23 be speech-language pathologists. <Except for the initial
4-24 appointees.> All six shall hold valid licenses under this Act.
4-25 Three members shall be selected from the general public. One of
5-1 the three public members of the Board <Committee> must be a
5-2 physician licensed to practice in the State of Texas and board
5-3 certified in otolaryngology or pediatrics. The two remaining
5-4 public members may not:
5-5 (1) be licensed by an occupational regulatory agency
5-6 in the field of health care;
5-7 (2) be employed by and participating in the management
5-8 of an agency or business entity that provides health-care services
5-9 or that sells, manufactures, or distributes health-care supplies or
5-10 equipment;
5-11 (3) own, control, or have a direct or indirect
5-12 interest in more than 10 percent of a business entity that provides
5-13 health-care services or that sells, manufactures, or distributes
5-14 health-care supplies or equipment; or
5-15 (4) be an officer, employee, or paid consultant of a
5-16 trade association in the field of health care. A member of the
5-17 Board <Committee> may not be related within the second degree of
5-18 affinity or consanguinity to a person who is an officer, employee,
5-19 or a paid consultant of a trade association in the health-care
5-20 field.
5-21 (b) An appointment to the Board <Committee> shall be made
5-22 without regard to the race, creed, sex, religion, or national
5-23 origin of the appointee.
5-24 (c) A person who is required to register as a lobbyist under
5-25 Chapter 305, Government Code, in a health-related area may not
6-1 serve as a member of the board or act as the general counsel to the
6-2 board.
6-3 SECTION 4. Terms; Officers; Quorum; Expenses. (a) <The
6-4 term of initial appointees to the board shall be determined by lot
6-5 as follows: three members are appointed for terms which expire
6-6 August 31, 1985; three members are appointed for terms which expire
6-7 August 31, 1987; and three members are appointed for terms which
6-8 expire August 31, 1989. After the initial appointments,> Members
6-9 are appointed for staggered terms of six years, with three terms
6-10 beginning September 1 of each odd-numbered year. Members of the
6-11 Board <Committee> shall serve until the expiration of the term to
6-12 which they have been appointed or until their successors have
6-13 qualified. A person may not be appointed to serve more than two
6-14 consecutive terms.
6-15 (b) The Board <Committee> shall be organized annually and
6-16 select a chairperson, vice-chairperson, and a secretary/treasurer.
6-17 <The initial chairperson shall be a person who meets the
6-18 qualifications for licensing under this Act. After September 1,
6-19 1984> The chairperson shall hold a valid license under this Act.
6-20 (c) Five members of the Board <Committee> constitute a
6-21 quorum. <to do business.>
6-22 (d) The Board <Committee> shall hold at least two regular
6-23 meetings each year. <at which time an examination as defined in
6-24 Section 12 of this Act shall be offered>. Additional meetings may
6-25 be held on the call of the chairperson or at the written request of
7-1 any three members of the Board <Committee>. <At least 14 days
7-2 advance notice of the Committee meeting is required>. The Open
7-3 Meetings Act requires seven days notice for all states agencies.
7-4 (e) Board <Committee> members receive no compensation for
7-5 their services; however, each member of the Board <Committee> is
7-6 entitled to a per diem and travel allowance at the rate set by the
7-7 legislature for state employees in the General Appropriations Act
7-8 for each day that the member engages in the business of the Board
7-9 <Committee>.
7-10 SECTION 5. Duties and Powers of the BOARD <Committee>.
7-11 (a) <Subject to the approval of the board,> The Board <Committee>
7-12 shall adopt rules necessary to administer and enforce this Act,
7-13 including rules that establish standards of ethical practice.
7-14 (b) With the assistance of the department, the Board
7-15 <Committee> shall administer, coordinate, and enforce the
7-16 provisions of this Act; evaluate the qualifications of applicants;
7-17 provide for the examination of applicants, and issue subpoenas,
7-18 examine witnesses, and administer oaths under the laws of the State
7-19 of Texas.
7-20 (c) With the assistance of the department and in accordance
7-21 with the Administrative Procedure and Texas Register Act, as
7-22 amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
7-23 Board <Committee> shall conduct hearings and keep records and
7-24 minutes necessary to the orderly administration of this Act.
7-25 (d) The Board <Committee> with the aid of the department
8-1 shall investigate persons engaging in practices that violate the
8-2 provisions of the Act.
8-3 (e) A person who holds a license to practice speech-language
8-4 pathology or audiology in this state is governed and controlled by
8-5 the rules adopted by the Board <Committee>. <and approved by the
8-6 board of health.>
8-7 (f) The conferral or enumeration of specific powers
8-8 elsewhere in this Act shall not be construed as a limitation of the
8-9 general powers conferred by this section.
8-10 (g) The Board <Committee> shall be represented by the
8-11 attorney general and the district and county attorneys of this
8-12 state.
8-13 (h) The Board <Committee> may appoint subcommittees to work
8-14 under its jurisdiction <subject to the approval of the board>.
8-15 SECTION 6. Employees of the BOARD <Committee>. The Texas
8-16 Department of Health shall provide such administrative and clerical
8-17 employees as are necessary to carry out the provisions of this Act.
8-18 SECTION 7. Seal and Authentication of Records. The Board
8-19 <Committee> shall adopt a seal by which it shall authenticate its
8-20 proceedings. Copies of the proceedings, records, and acts of the
8-21 Board <Committee> and certificates purporting to relate the facts
8-22 concerning the proceedings, records, and acts, signed by the
8-23 secretary-treasurer and authenticated by the seal, are prima facie
8-24 evidence in all courts of this state.
8-25 SECTION 8. Licensing and Regulation of Speech-Language
9-1 Pathologists and Audiologists. (a) Licenses shall be granted
9-2 either in speech-language pathology or audiology independently.
9-3 Persons may be licensed in both areas if they meet the
9-4 qualifications. The Board shall establish, by Rule, qualifications
9-5 of dual licensure in speech-language pathology and audiology and
9-6 may develop other levels of licensure and establish rules of
9-7 qualification.
9-8 (b) A person may not practice or represent himself or
9-9 herself as a speech-language pathologist or audiologist in this
9-10 state <after August 31, 1984>, unless he or she is licensed in
9-11 accordance with the provisions of the Act.
9-12 (c) Any violation of the subsection shall constitute a
9-13 deceptive trade practice.
9-14 SECTION 9. Persons and Practices Not Affected. (a) This
9-15 Act does not prevent qualified persons licensed in this state under
9-16 another law from engaging in the profession for which they are
9-17 licensed.
9-18 (b) This Act does not prevent or restrict the activities and
9-19 services and the use of an official title by persons holding a
9-20 valid and current certification in speech-language pathology <and
9-21 hearing therapy> from the Central Education Agency if those persons
9-22 perform speech-language pathology or audiology services solely as a
9-23 part of their duties within an agency, institution, or organization
9-24 under the jurisdiction of the Central Education Agency. Effective
9-25 September 1, 1994, the Central Education Agency Certificate in
10-1 Speech-Language Pathology shall require the applicant to hold a
10-2 masters degree in Communicative Disorders, or its "equivalent",
10-3 from a university program accredited by the American
10-4 Speech-Language-Hearing Association, and pass a national
10-5 examination in speech-language pathology or audiology as approved
10-6 by the Board. If persons affected by this subsection perform work
10-7 as a speech-language pathologist or audiologist apart from their
10-8 positions within an agency, institution, or organization of the
10-9 Central Education Agency, they must have a license issued by the
10-10 Committee, except that a person affected by this subsection may
10-11 perform speech and hearing screening procedures without
10-12 compensation without having a license issued by the Committee.
10-13 (c) "Equivalent" shall be defined as graduate level
10-14 coursework and practicum from a program accredited by the American
10-15 Speech-Language-Hearing Association. Coursework and practicum
10-16 requirements shall be the same as that established by the State
10-17 Board of Examiners for Speech-Language Pathology and Audiology for
10-18 the license in speech-language pathology or audiology. The
10-19 Clinical Fellowship Year experience or internship shall not be a
10-20 requirement for the Central Education Agency Certificate in
10-21 Speech-Language Pathology.
10-22 (d) <(c)> This Act does not restrict the activities and
10-23 services of students <or interns> pursuing a course of study
10-24 leading to a degree in speech-language pathology at a college or
10-25 university accredited by the Southern Association of College and
11-1 Universities or its equivalent, provided that these activities and
11-2 services constitute a part of their supervised course of study; <or
11-3 internship year; that after September 1, 1984>, and they are
11-4 supervised by a person licensed under this Act; and that they are
11-5 designated by a title such as <"Speech-Language Pathology Intern"
11-6 or> "Speech-Language Pathology Trainee" or other title clearly
11-7 indicating their professional preparation <the training> status.
11-8 <appropriate to their level of training.>
11-9 (e) <(d)> This Act does not restrict activities and services
11-10 of students <or interns> in audiology pursuing a course of study
11-11 leading to a degree in audiology at a college or university
11-12 accredited by the Southern Association of Colleges and Universities
11-13 or its equivalent, provided that these activities and services
11-14 constitute a part of their supervised course of study <or
11-15 internship year>; <that after September 1, 1984>, and they are
11-16 supervised by a person licensed under this Act; and that they are
11-17 designated by a title such as <"Audiology Intern" or> "Audiology
11-18 Trainee" or other title clearly indicating <the training> their
11-19 professional preparation status. <appropriate to their level of
11-20 training>. Students and interns in audiology are exempt from
11-21 provisions of Article 4566 VTCS provided that these activities and
11-22 services constitute a part of their supervised course of study or
11-23 internship experience. Students working outside the college or
11-24 university clinic should be registered with the Board and interns
11-25 must obtain a temporary or provisional license.
12-1 <(e) This Act does not restrict the performance of
12-2 speech-language pathology or audiology services in this state by a
12-3 person not a resident of this state who is not licensed under this
12-4 Act, if the services are performed for no more than five days in a
12-5 calendar year and if the person meets the qualifications and
12-6 requirements for application for licensure under this Act.>
12-7 (f) This Act does not restrict the use of an official title
12-8 by an individual teaching in a university or college training
12-9 program, provided that the person is not engaged in the practice of
12-10 speech-language pathology or audiology and does not supervise
12-11 persons engaged in the practice of speech-language pathology or
12-12 audiology.
12-13 (g) This Act does not permit a person to perform an act that
12-14 would be in violation of the Medical Practice Act (Article 4495b,
12-15 Vernon's Texas Civil Statutes). <This Act does not permit a person
12-16 to provide medical or surgical diagnosis or treatment of laryngeal
12-17 or ear disorders.>
12-18 (h) Nothing in this Act shall be construed as restricting or
12-19 preventing a physician or surgeon from engaging in the practice of
12-20 medicine in this state. This Act does not restrict speech or
12-21 hearing testing or evaluation personally conducted by a licensed
12-22 physician or surgeon.
12-23 <(i) This Act does not apply to persons employed by the
12-24 Texas Department of Health in its programs concerned with hearing
12-25 or speech services as long as they are performing duties under the
13-1 jurisdiction of the Texas Department of Health.>
13-2 (i) <(j)> This Act does not apply to a person who shows
13-3 evidence of having received training by the Texas Department of
13-4 Health in one of the communication, speech, language, and/or
13-5 hearing screening training programs approved by that agency,
13-6 provided that all activities performed under this exception shall
13-7 be limited to screening <of hearing sensitivity,> as defined by the
13-8 Board. Individuals who have received training by the Texas
13-9 Department of Health in one of the communication, speech, language,
13-10 and/or hearing screening training programs approved by the
13-11 Department may not practice speech-language pathology or audiology
13-12 or represent themselves as a speech-language pathologist or
13-13 audiologist.
13-14 <(k) This Act does not license a person to sell hearing aids
13-15 as defined in Chapter 366, Acts of the 61st Legislature, Regular
13-16 Session, 1969, as amended (Article 4566-1.01 et seq., Vernon's
13-17 Texas Civil Statutes).>
13-18 (j) <(l)> Every person engaging in the fitting, dispensing
13-19 or sale of hearing instruments in this State shall be licensed by
13-20 either Article 4566VTCS or 4512j, VTCS. Persons meeting the
13-21 requirements for licensure as an audiologist shall not be required
13-22 to meet additional requirements under Article 4566 VTCS. This Act
13-23 does not prevent or restrict a person licensed under Article 4566
13-24 VTCS <by the Texas Board of Examiners in the Fitting and Dispensing
13-25 of Hearing Aids> from engaging in the practice of fitting and
14-1 dispensing hearing aids. Non-audiologists who are licensed to fit
14-2 and dispense hearing aids under Article 4566 VTCS shall not
14-3 practice speech-language pathology or audiology or represent
14-4 themselves to the public as a speech-language pathologist or
14-5 audiologist or other professional term restricted by this Act.
14-6 (k) <(m)> This Act does not prevent persons in an industrial
14-7 setting from engaging in hearing testing as a part of a hearing
14-8 conservation program in compliance with regulations of the
14-9 Occupational Safety and Health Administration, provided that such
14-10 person are certified by an agency acceptable to the Occupational
14-11 Safety and Health Administration.
14-12 (l) <(n)> This Act does not prevent or restrict
14-13 communication, speech, language and/or hearing <sensitivity
14-14 screening> screenings, <evaluations> as defined by the Board,
14-15 conducted by registered nurses licensed by the laws of this state
14-16 and practicing in accordance with the standards of professional
14-17 conduct and ethics promulgated by the rules and regulations of the
14-18 Board of Nurse Examiners.
14-19 <(o) This Act does not prevent the use of the title
14-20 "Certified Hearing Aid Audiologist" by a person so certified by the
14-21 National Hearing Aid Association if the person is a licensed
14-22 hearing aid dispenser and uses the title solely in connection with
14-23 fitting and dispensing hearing aids and does not represent himself
14-24 to be a licensed audiologist under this Act.>
14-25 <(p) Nothing in this Act shall be construed as restricting
15-1 or preventing a licensed psychologist from engaging in the practice
15-2 of psychology within the scope of the activities permitted under
15-3 that license.>
15-4 SECTION 10. Qualification of Applicants for License.
15-5 (a) To be eligible for licensing as a speech-language pathologist
15-6 or audiologist, an applicant must:
15-7 (1) possess <at least> a minimum of a master's degree
15-8 with a major in at least one of the areas of communicative sciences
15-9 and/or disorders from a program accredited by the American
15-10 Speech-Language-Hearing Association in an accredited or approved
15-11 college or university; <with a major in speech-language pathology
15-12 is, required for a speech language pathologist license and a
15-13 masters degree with a major in audiology is required for a license
15-14 as a audiologist or audiology from an accredited or approved
15-15 college or university;>
15-16 (2) submit transcripts from one or more colleges or
15-17 universities showing successful completion of course work in
15-18 amounts set by the Board <Committee with the approval of the board>
15-19 in the following areas:
15-20 (A) information about normal development and use
15-21 of speech, language, and hearing;
15-22 (B) information about evaluation, habilitation,
15-23 and rehabilitation of speech, language, and hearing disorders; and
15-24 (C) information pertaining to related fields
15-25 that augment the work of clinical practitioners of speech-language
16-1 pathology and audiology;
16-2 (3) have successfully completed at least 36 <30>
16-3 semester hours in courses that are acceptable toward a graduate
16-4 degree by the college or university in which they are taken, at
16-5 least 24 <21> of which are within the professional area for which
16-6 the license is requested and at least six of which are in audiology
16-7 for the applicant for a license in speech-language pathology
16-8 <license> or at least six of which are in speech-language pathology
16-9 for the applicant for a license in audiology;
16-10 (4) have completed <a minimum of 300 clock hours of>
16-11 the minimum number of hours established by the Board of supervised
16-12 clinical experience with individuals who present a variety of
16-13 communication disorders. <and> This experience must have been
16-14 obtained within his or her educational <training> institution or in
16-15 one of its cooperating programs and under the supervision of a
16-16 person holding a valid license to practice speech-language
16-17 pathology or audiology; <provided during the first year of this
16-18 Act, The supervision may be under a person who would have met the
16-19 qualifications for a license under this Act;> and
16-20 (5) have obtained <the equivalent of nine months of>
16-21 full-time supervised professional experience as defined by the
16-22 Board in which bona fide clinical work has been accomplished in the
16-23 major professional area for which the license is being sought,
16-24 under the supervision of a qualified person acceptable to the Board
16-25 <Committee> pursuant to guidelines approved by the Board. <board
17-1 which> The supervised professional experience must have begun after
17-2 completion of the academic and clinical experience required by this
17-3 section.
17-4 (b) An applicant who has met the requirements of Subsection
17-5 (a)(1)-(4) of this section must be licensed as an intern under this
17-6 Act. An applicant who has successfully completed all academic and
17-7 clinical experience as required by Subsection (a)(1)-(4) of this
17-8 section but who has not had the degree officially conferred must be
17-9 licensed as an intern under this Act. The Board by rule shall
17-10 prescribe the terms by which an applicant may practice under an
17-11 intern's license under this subsection. The Board by rule shall
17-12 establish general guidelines and renewal procedures for the and
17-13 intern license.
17-14 SECTION 11. Application for License. Each person desiring a
17-15 license under this Act shall make application to the Board
17-16 <Committee> on a form and in the manner the Board <Committee>
17-17 prescribes. The application shall be accompanied by the
17-18 application fee which may be refunded by the Board <Committee>.
17-19 SECTION 12. Examination. (a) Each applicant shall pass a
17-20 validated examination approved <be examined> by the Board
17-21 <Committee> and shall pay fees in a manner prescribed by the Board.
17-22 <to the committee, at least 30 days prior to the date of
17-23 examination, a nonrefundable examination fee prescribed by the
17-24 Committee.> The examination shall be <given> administered at least
17-25 twice each year. <at a time and place established by and under the
18-1 supervision of the Committee.>
18-2 (b) The Board by rule may establish procedures for the
18-3 administration of the examination. The Board <Committee> may
18-4 require a <examine by> written or oral examination or <by> both.
18-5 The Board <Committee> shall maintain a record of all examination
18-6 scores for at least two years after the date of examination.
18-7 (c) Standards for acceptable performance shall be determined
18-8 by the Board <Committee>.
18-9 (d) The Board <Committee> may examine in whatever
18-10 theoretical or applied fields of speech-language pathology or
18-11 audiology it deems appropriate. It may examine the candidates with
18-12 regard to their professional skills and their judgment in the
18-13 utilization of speech-language pathology or audiology techniques or
18-14 methods.
18-15 (e) Persons who fail the examination may be examined at the
18-16 subsequent time if they pay another nonrefundable examination fee.
18-17 No applicant who has taken and failed to pass two examinations may
18-18 take the examination until the person has submitted a new
18-19 application together with a nonrefundable application fee and
18-20 presented evidence acceptable to the Board <Committee> of
18-21 additional study in the area for which licensure is sought. A
18-22 person who fails a licensing examination administered under this
18-23 Act should contact the testing service administering the
18-24 examination to request an analysis of the person's performance on
18-25 the examination.
19-1 (f) Not later than the 30th day after the date on which a
19-2 licensing examination is administered under this Act, the Board
19-3 shall notify each examinee of the results of the examination.
19-4 However, if an examination is graded or reviewed by a national or
19-5 state testing service, and the testing service does not directly
19-6 notify examinees of the results of the examination, the Board shall
19-7 notify examinees of the results of the examination not later than
19-8 the 14th day after the date on which the Board receives the results
19-9 from the testing service. If the notice of examination results
19-10 graded or reviewed by a national testing service will be delayed
19-11 for longer than 90 days after the examination date, the Board shall
19-12 notify the examinee of the reason for the delay before the 90th
19-13 day. <The Committee may waive the examination for applicants who:>
19-14 <(1) present proof of current licensure in another
19-15 state, including the District of Columbia, or territory of the
19-16 United States which maintains professional standards considered by
19-17 the Committee to be equivalent to those set forth in this Act; or>
19-18 <(2) hold the Certificate of Clinical Competence of
19-19 the American Speech-Language Hearing Association in the area for
19-20 which a license is being sought.>
19-21 SECTION 13. Licensing under Special Conditions. <(a) The
19-22 Committee on request must waive educational, professional
19-23 experience, and examination requirements for licensure in
19-24 speech-language pathology for applicants who hold a baccalaureate
19-25 or graduate degree, are fully certified by the Central Education
20-1 Agency in speech and hearing therapy or in the judgment of the
20-2 Committee have met equivalent requirements, and within two years
20-3 prior to the effective date of this Act were engaged in the
20-4 practice of speech pathology on proof of bona fide practice of
20-5 speech pathology, presented to the Committee in the manner
20-6 prescribed by the Committee's rules, provided they file an
20-7 application for licensure with the Committee or the board of health
20-8 before January 1, 1986. Such licenses shall be issued without
20-9 delay and shall be renewed in the same manner as licenses granted
20-10 under other provisions of this Act.>
20-11 <(b) The Committee on request shall waive educational and
20-12 professional experience requirements for a license in audiology for
20-13 an applicant who, on the effective date of this Act, holds a
20-14 graduate degree from an accredited institution of higher education
20-15 with a major in speech-language pathology or audiology, and has
20-16 been continuously engaged in the practice of audiology for ten
20-17 years immediately preceding the effective date of this Act,
20-18 provided the applicant files an application for licensure with the
20-19 committee on or before January 1, 1986. Such an applicant must
20-20 pass the licensing examination under Section 12 of this Act not
20-21 later than August 31, 1986.>
20-22 (a) <(c)> The Board <Committee> may <waive the examination
20-23 and> grant a provisional license <licensure> to an applicant
20-24 who: <presents proof of current licensure in another state,
20-25 including the District of Columbia, or territory of the United
21-1 States which maintains professional standards considered by the
21-2 committee to be equivalent to those set forth in this Act.>
21-3 (1) possesses a license in good standing as a
21-4 speech-language pathologist or an audiologist in another state, the
21-5 District of Columbia, or a territory of the United States that has
21-6 licensing and professional requirements that are considered by the
21-7 Board to be substantially equivalent to the requirements of this
21-8 Act;
21-9 (2) has passed a national or other examination
21-10 relating to speech-language pathology or audiology that is
21-11 recognized by the Board; and
21-12 (3) is sponsored by a person licensed by the Board
21-13 under this Act with whom the provisional license holder may
21-14 practice under this section.
21-15 (b) an applicant for a provisional license may be excused
21-16 from the requirement of Subsection (a)(3) of this section if the
21-17 Board determines that compliance with that subsection constitutes a
21-18 hardship to the applicant.
21-19 (c) A provisional license is valid until the date the board
21-20 approves or denies the provisional license holder's application for
21-21 a license. The Board shall issue a license under this Act to the
21-22 holder of a provisional license under this section if:
21-23 (1) the provisional license holder passes the
21-24 examination required by Section 12 of this Act;
21-25 (2) the Board verifies that the provisional license
22-1 holder has the academic and experience requirements for a license
22-2 under this Act; and
22-3 (3) the provisional license holder satisfies any other
22-4 license requirements under this Act.
22-5 (d) The Board must complete the processing of a provisional
22-6 license holder's application for a license not later than the 180th
22-7 day after the date the provisional license is issued.
22-8 (e) <(d)> The Board <Committee> may waive the examination
22-9 and grant licensure to an applicant who holds the Certificate of
22-10 Clinical Competence of the American Speech-Language Hearing
22-11 Association <or has met equivalent requirements in the area for
22-12 which a license is sought>.
22-13 SECTION 14. Issuance of License. (a) The Board <Committee>
22-14 shall issue a license to an applicant who meets the requirements of
22-15 this Act and who pays to the Board <Committee> the initial
22-16 nonrefundable license fee.
22-17 (b) A temporary certificate of registration may be applied
22-18 for by a person who fulfills the requirements of Section 10 of this
22-19 Act and who has not previously applied to take the examination
22-20 provided under Section 12 of this Act.
22-21 (c) On receiving an application provided for under
22-22 Subsection (b) of this section accompanied by the nonrefundable
22-23 application fee, the Board <Committee> shall issue a temporary
22-24 certificate of registration which entitles the applicant to
22-25 practice audiology or speech-language pathology for a period ending
23-1 eight weeks after the conclusion of the next examination given
23-2 after the date of issue.
23-3 (d) <All licenses expire and become invalid one year from
23-4 the date of issuance if not renewed.> The Board may establish a
23-5 method of staggered dates for license renewal. For the year in
23-6 which the license expiration date is changed, license fees payable
23-7 on the original expiration date shall be prorated on a monthly
23-8 basis so that each licensee shall pay only that portion of the
23-9 license fee that is allocable to the number of months during which
23-10 the license is valid. On renewal of the license on the new
23-11 expiration date, the total license renewal fee is payable.
23-12 SECTION 14A. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
23-13 Board by rule may provide for the issuance of a temporary license.
23-14 (b) The Board by rule may provide for a person who holds a
23-15 license under this Act to be placed on inactive status. Rules
23-16 adopted under this section shall include a time limit for a license
23-17 holder to remain on inactive status.
23-18 SECTION 15. Renewal of License. (a) Each licensed
23-19 speech-language pathologist or audiologist shall annually pay the
23-20 nonrefundable renewal fee for a renewal of his license. A 60-day
23-21 grace period shall be allowed. After expiration of the grace
23-22 period, the Board <Committee> may renew each license after payment
23-23 of a penalty set by the rules. No person who applies for renewal
23-24 within two years after the date of expiration of the license may be
23-25 required to submit to an examination as a condition to renewal. An
24-1 application for licensure filed within two years after the date of
24-2 expiration of the person's license shall be considered an
24-3 application of renewal.
24-4 (b) Persons who fail to renew their license within two years
24-5 after the date of its expiration may not renew it, and it may not
24-6 be restored, reissued, or reinstated thereafter, but those persons
24-7 may apply for and obtain a new license if they meet the
24-8 requirements of this Act.
24-9 (c) <Within three years of the effective date of this Act>.
24-10 Renewal of a license is contingent on the applicant's meeting
24-11 uniform continuing education requirements established by the Board
24-12 <Committee>. These continuing education requirements must be of
24-13 such a nature that they can be met without necessitating an
24-14 extended absence from the licensee's county of residence. <Notice
24-15 of continuing education requirements shall be sent to all persons
24-16 licensed under this Act at least 12 months prior to the time that
24-17 the person's license renewal is dependent on completion of the
24-18 requirements.> Continuing education requirements shall be sent to
24-19 new applicants with the forms on which they are to apply for
24-20 licensure. Notification of changes in continuing education
24-21 requirements shall be sent to persons licensed under this Act at
24-22 least one year prior to the date on which the new requirements
24-23 become effective.
24-24 (d) If a person's license has been expired for one year or
24-25 longer, the person may not renew the license. The person may
25-1 obtain a new license by complying with the requirements and
25-2 procedures for obtaining an original license. However, the Board
25-3 may renew a license without reexamination for a person who was,
25-4 within the past three years, licensed in this state and is
25-5 currently licensed and has been in practice in another state for
25-6 the two years preceding application. An applicant who was licensed
25-7 in this state but whose license expired more than three years ago
25-8 may reapply for a license by meeting current licensing
25-9 requirements. To renew an expired license, the person must pay to
25-10 the Board a fee that is equal to all unpaid renewal fees for the
25-11 license. <A suspended license is subject to expiration and may be
25-12 renewed as provided in this Act, but the renewal does not entitle
25-13 the licensee, while the license remains suspended and until it is
25-14 reinstated, to engage in the licensed activity or in any other
25-15 activity or conduct in violation of the order or judgment by which
25-16 the license is suspended. A license revoked on disciplinary
25-17 grounds is subject to expiration as provided in this Act, but it
25-18 may not be renewed. If it is reinstated after its expiration, the
25-19 licensee, as a condition of reinstatement, shall pay a
25-20 reinstatement fee in an amount equal to the renewal fee in effect
25-21 on the last preceding regular renewal date before the date on which
25-22 it is reinstated, plus the delinquency fee, if any, accrued at the
25-23 time of the license revocation.>
25-24 SECTION 16. Fees. <The amount of fees initially prescribed
25-25 in connection with a license as a speech-language pathologist or
26-1 audiologist may not exceed the following:>
26-2 <(1) application fee: $75>
26-3 <(2) examination fee: $50>
26-4 <(3) initial license fee: $75>
26-5 <(4) license renewal fee: $75>
26-6 <(5) delinquency fee: $50>
26-7 <(6) temporary license fee: $25>
26-8 <(7) duplicate license fee: $10>
26-9 The Board <Committee> by rule shall establish reasonable and
26-10 necessary fees so that the fees, in the aggregate, produce
26-11 sufficient revenue to cover the cost of administering this Act.
26-12 The<, and such> fees set by the Board may <shall> be adjusted so
26-13 that the total fees collected shall be sufficient to meet the
26-14 expenses of administering this Act <and so that unnecessary
26-15 surpluses in the fund provided for in Section 20 of this Act are
26-16 avoided>.
26-17 SECTION 17. Denial, Suspension, and Revocations. (a) The
26-18 Board <Committee> may refuse to issue a license to an applicant or
26-19 may suspend or revoke the license of any licensee for any of the
26-20 following causes:
26-21 (1) obtaining a license by means of fraud,
26-22 misrepresentation, or concealment of material facts;
26-23 (2) selling, bartering, or offering to sell or barter
26-24 a license or certificate of registration;
26-25 (3) unprofessional conduct that has endangered or is
27-1 likely to endanger the health, welfare, or safety of the public as
27-2 defined by the rules established by the Board <Committee> or
27-3 violation of the code of ethics adopted and published by the Board
27-4 <Committee>;
27-5 (4) violating any lawful order or rule rendered or
27-6 adopted by the Board <Committee>; or
27-7 (5) violating any provisions of this Act.
27-8 (b) The Board <Committee> shall deny an application for or
27-9 suspend or revoke or impose probationary conditions on a license as
27-10 ordered by the Board <Committee> in any decision made after hearing
27-11 as provided in this Act. One year from the date of revocation of a
27-12 license under this Act, application may be made to the Board
27-13 <Committee> for reinstatement. The Board <Committee> shall have
27-14 discretion to accept or reject an application for reinstatement and
27-15 may require an examination for the reinstatement.
27-16 (c) A plea or verdict of guilty or a conviction following a
27-17 plea of nolo contendere made to a charge of a felony or of an
27-18 offense involving moral turpitude is deemed to be a conviction
27-19 within the meaning of this Act. At the direction of the Board
27-20 <Committee> the license may be suspended or revoked or the Board
27-21 <Committee> may decline to issue a license when the time for appeal
27-22 of the conviction has elapsed or the judgment or conviction has
27-23 been affirmed on appeal, or when an order granting probation is
27-24 made suspending the imposition of sentence irrespective of a
27-25 subsequent order allowing a person to withdraw his or her plea of
28-1 guilty, or setting aside the verdict of guilty, or dismissing the
28-2 information or indictment.
28-3 (d) In addition to the other disciplinary actions authorized
28-4 by this section, the Board may issue a written reprimand to a
28-5 license holder who violates this Act or require that a license
28-6 holder who violates this Act attend continuing education programs
28-7 and may specify the number of hours that must be successfully
28-8 completed by an individual license holder to fulfill the
28-9 requirements of this subsection.
28-10 (e) If a license suspension is probated, the Board may
28-11 require the license holder to:
28-12 (1) report regularly to the Board on matters that are
28-13 the basis of the probation;
28-14 (2) limit practice to the areas prescribed by the
28-15 Board; or
28-16 (3) continue or review professional continuing
28-17 education until the license holder attains a degree of skill
28-18 satisfactory to the Board in those areas that are the basis of the
28-19 probation.
28-20 (f) The schedule of sanctions adopted by the Board by rule
28-21 shall be used by the State Office of Administrative Hearings for
28-22 any sanction imposed as the result of a hearing conducted by that
28-23 office.
28-24 SECTION 18. Penalties. (a) A person who violates any of
28-25 the provisions of this Act is guilty of a Class B misdemeanor and
29-1 on conviction may be punished by confinement in the county jail not
29-2 exceeding six months, by a fine not exceeding $1,000, or by both.
29-3 (b) If a person other than a licensed speech-language
29-4 pathologist or audiologist has engaged in any act or practice which
29-5 constitutes an offense under this Act, a district court of any
29-6 county on application of the Board <Committee> may issue an
29-7 injunction or other appropriate order restraining such conduct.
29-8 SECTION 19. Procedures for Denial, Revocation, or Suspension
29-9 of a License. (a) A person whose application for a license is
29-10 denied is entitled to a hearing before the State Office of
29-11 Administrative Hearings <Committee> if such person submits a
29-12 written request to the Board <Committee>.
29-13 (b) Proceedings for revocation or suspension of a license
29-14 shall be commenced by filing charges with the Board <Committee> in
29-15 writing and under oath. The charges may be made by any person or
29-16 persons.
29-17 <(c) The chairperson of the committee shall fix a time and
29-18 place for a hearing and shall cause a written copy of the charges
29-19 or reason for denial of a license, together with a notice of the
29-20 time and place fixed for the hearing, to be served on the applicant
29-21 requesting the hearing or the licensee against whom the charges
29-22 have been filed at least 20 days prior to the date set for the
29-23 hearing. Service of charges and notice of hearing may be given by
29-24 certified mail to the last known address of the licensee or
29-25 applicant.>
30-1 <(d) At the hearing the applicant or licensee has the right
30-2 to appear either personally or by counsel or both, to produce
30-3 witnesses, to have subpoenas issued by the committee, and to
30-4 cross-examine opposing or adverse witnesses.>
30-5 (c) <(e)> The Board <Committee> shall <determine the charges
30-6 on their merits and> enter an order in a permanent record setting
30-7 forth the findings of the fact and law and action taken by the
30-8 State Office of Administrative Hearings. A copy of the order <of
30-9 the Committee> shall be mailed to the applicant or licensee at his
30-10 or her last known address by certified mail.
30-11 (d) <(f)> An individual whose application for a license has
30-12 been refused or whose license has been cancelled, revoked, or
30-13 suspended by the Board <Committee> may make a<n> written appeal,
30-14 within 20 days after the order is entered by the State Office of
30-15 Administrative Hearings, to any district court of Travis County or
30-16 to any district court of the county of his or her residence.
30-17 (e) <(g)> In all appeals prosecuted in any of the courts of
30-18 this state pursuant to the provisions of this Act, such trials
30-19 shall be de novo as that term is used and understood in appeal from
30-20 justice of the peace courts. Under no circumstances shall the
30-21 substantial evidence rule as interpreted and applied by the courts
30-22 in Texas in other cases ever be used or applied to appeals
30-23 prosecuted under the provisions of this Act.
30-24 (f) <(h)> All proceedings under this Act shall conform to
30-25 the requirements of the Administrative Procedure and Texas Register
31-1 Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
31-2 Statutes), except as modified by this section.
31-3 SECTION 20. COMPLAINT PROCEDURE IN GENERAL. (a) The board
31-4 shall keep an information file about each complaint filed with the
31-5 board. The board's information file shall be kept current and
31-6 contain a record for each complaint of:
31-7 (1) all persona contacted in relation to the
31-8 complaint;
31-9 (2) a summary of findings made at each step of the
31-10 complaint process;
31-11 (3) an explanation of the legal basis and reason for a
31-12 complaint that is dismissed; and
31-13 (4) other relevant information.
31-14 (b) If a written complaint is filed with the board that the
31-15 board has authority to resolve, the board, at least as frequently
31-16 as quarterly and until final disposition of the complaint, shall
31-17 notify the parties to the complaint of the status of the complaint
31-18 unless the notice would jeopardize and undercover investigation.
31-19 (c) The board by rule shall adopt a form to standardize
31-20 information concerning complaints made to the board. The board by
31-21 rule shall prescribe information to be provided to a person when
31-22 the person files a complaint with the board.
31-23 (d) The board shall provide reasonable assistance to a
31-24 person who wishes to file a complaint with the board.
31-25 SECTION 21. COMPLAINT INVESTIGATION AND DISPOSITION.
32-1 (a) The board shall adopt rules concerning the investigation of a
32-2 complaint filed with the board. The rules adopted under this
32-3 subsection shall:
32-4 (1) distinguish between categories of complaints;
32-5 (2) ensure that complaints are not dismissed without
32-6 appropriate consideration;
32-7 (3) require that the board be advised of a complaint
32-8 that is dismissed and that a letter be sent to the person who filed
32-9 the complaint explaining the action taken on the dismissed
32-10 complaint;
32-11 (4) ensure that the person who filed the complaint has
32-12 an opportunity to explain the allegations made in the complaint;
32-13 and
32-14 (5) prescribe guidelines concerning the categories of
32-15 complaints that require the use of a private investigator and the
32-16 procedures for the board to obtain the services of a private
32-17 investigator.
32-18 (b) The board shall dispose of all complaints in a timely
32-19 manner. The board shall establish a schedule for conducting each
32-20 phase of a complaint that is under the control of the board not
32-21 later than the 30th day after the date the complaint is received by
32-22 the board. The schedule shall be kept in the information file for
32-23 the complaint and all parties shall be notified of the projected
32-24 time requirements for pursuing the complaint. A change in the
32-25 schedule must be noted in the complaint information file and all
33-1 parties to the complaint must be notified not later than the
33-2 seventh day after the date the change is made.
33-3 (c) The director of the board shall notify the board of a
33-4 complaint that extends beyond the time prescribed by the board for
33-5 resolving the complaint so that the board may take necessary action
33-6 on the complaint.
33-7 SECTION 22. INFORMAL PROCEEDINGS. (a) The board by rule
33-8 shall adopt procedures governing:
33-9 (1) informal disposition of a contested case under
33-10 Section 13(e), Administrative Procedure and Texas Register Act
33-11 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
33-12 subsequent amendments; and
33-13 (2) informal proceedings held in compliance with
33-14 Section 18(c), Administrative Procedure and Texas Register Act
33-15 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
33-16 subsequent amendments.
33-17 (b) Rules adopted under this section must provide the
33-18 complainant and the licensee an opportunity to be heard and must
33-19 require the presence of a representative of the office of the
33-20 attorney general to advise the board or board's employees.
33-21 SECTION 23. MONITORING OF LICENSE HOLDER. The board by rule
33-22 shall develop a system for monitoring license holder's compliance
33-23 with the requirements of this Act. Rules adopted under this
33-24 section shall include procedures for monitoring a license holder
33-25 who is ordered by the board to perform certain acts to ascertain
34-1 that the license holder performs the required acts and to identify
34-2 and monitor license holders who represent a risk to the public.
34-3 SECTION 24<0>. Disposition of Funds Received. (a) All
34-4 funds with applicable state law in the State Treasury in a separate
34-5 fund to be known as the Speech-Language Pathology and Audiology
34-6 Fund and be appropriated to the Board <Texas Department of Health>
34-7 solely for administration of this Act.
34-8 (b) <After August 31, 1984,> All expenses for the
34-9 administration of the Act shall be paid from fees collected by the
34-10 Board <Committee> under this Act.
34-11 <(c) There is hereby appropriated $80,000 to the
34-12 speech-language pathology and audiology fund for the implementation
34-13 of this Act, said funds coming from the General Revenue Fund for
34-14 the first year provided that the first $80,000 of application and
34-15 license fees shall be returned to the General Revenue Fund as they
34-16 are received.>
34-17 SECTION 25<1>. Exemptions From Basic Science Law. The
34-18 provisions of Chapter 95, Acts of the 51st Legislature, Regular
34-19 Session, 1949, as amended (Article 4590c, Vernon's Texas Civil
34-20 Statutes), do not apply to audiologists or speech-language
34-21 pathologists duly qualified and licensed under this Act who confine
34-22 their activity to the areas specified in this Act.
34-23 SECTION 26<2>. Sunset Provision. The State Board
34-24 <Committee> of Examiners for Speech-Language Pathology and
34-25 Audiology is subject to the Texas Sunset Act (V.T.C.A. Government
35-1 Code, 325.001 et seq.). Unless continued in existence as provided
35-2 by that Act, the Board <Committee> is abolished and this Act
35-3 expires September 1, 2005 <1999>.
35-4 SECTION 27. EFFECTIVE DATE. This Act Takes effect September
35-5 1, 1993.
35-6 SECTION 28. EMERGENCY CLAUSE. The importance of this
35-7 legislation and the crowded condition of the calendars in both
35-8 houses create an emergency and an imperative public necessity that
35-9 the constitutional rule requiring bills to be read on three several
35-10 days in each house be suspended, and this rule is hereby suspended.