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.