1-1  By:  Harris of Dallas                                 S.B. No. 1077
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 28, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 28, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla                                          x   
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 1077               By:  Wentworth
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of speech-language pathologists and
   1-22  audiologists and the continuation of the State Committee of
   1-23  Examiners for Speech-Language Pathology and Audiology.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Chapter 381, Acts of the 68th Legislature,
   1-26  Regular Session, 1983 (Article 4512j), Vernon's Texas Civil
   1-27  Statutes), is amended to read as follows:
   1-28        Sec. 1.  Purpose.  It is the policy of this state that in
   1-29  order to safeguard the public health, safety, and welfare and to
   1-30  protect the public from unprofessional conduct by speech-language
   1-31  pathologists and audiologists it is necessary to provide regulatory
   1-32  authority over persons offering speech-language pathology and
   1-33  audiology services to the public.
   1-34        Sec. 2.  Definitions.  In this Act:
   1-35              (1)  "Board" means the <Texas Board of Health.>
   1-36              <(2)  "Committee" means the> State Board <Committee> of
   1-37  Examiners for Speech-Language Pathology and Audiology.
   1-38              (2) <(3)>  "Department" means the Texas Department of
   1-39  Health.
   1-40              (3) <(4)>  "Person" means an individual, corporation,
   1-41  partnership, or other legal entity.
   1-42              (4) <(5)>  "Speech-language pathologist" means an
   1-43  individual who practices speech-language pathology, who makes a
   1-44  nonmedical evaluation, who examines, counsels, or provides
   1-45  habilitative or rehabilitative services for persons who have or are
   1-46  suspected of having speech, voice, or language disorders, and who
   1-47  meets the qualifications of <set forth in> this Act.
   1-48              (5) <(6)>  "The practice of speech-language pathology"
   1-49  means the application of nonmedical principles, methods, and
   1-50  procedures for the measurement, testing, evaluation, prediction,
   1-51  counseling, habilitation, rehabilitation, or instruction related to
   1-52  the development and disorders of communication to include:  speech,
   1-53  voice, <or> language, oral pharyngeal function, or cognitive
   1-54  processes for the purpose of rendering or offering to render an
   1-55  evaluation, prevention, or modification of these disorders and
   1-56  conditions in individuals or groups of individuals.
   1-57  Speech-language pathologists may perform <the> basic audiometric
   1-58  screening tests and aural rehabilitation and/or habilitation
   1-59  <hearing therapy procedures> consistent with their training.
   1-60  Nothing in this Act shall be construed to allow speech-language
   1-61  pathologists to fit, dispense, or sell hearing aids unless that
   1-62  person has met the specific requirements for fitting and dispensing
   1-63  established under this Act or Chapter 366, Acts of the 61st
   1-64  Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
   1-65  Vernon's Texas Civil Statutes).
   1-66              (6) <(7)>  "Audiologist" means a person who practices
   1-67  audiology, who makes a nonmedical evaluation, who examines,
   1-68  counsels, or provides habilitative or rehabilitative services for
    2-1  persons who have or are suspected of having a hearing or vestibular
    2-2  disorder, and who meets the qualifications of <set forth in> this
    2-3  Act.
    2-4              (7) <(8)>  "The practice of audiology" means the
    2-5  application of nonmedical principles, methods, and procedures for
    2-6  the measurement, testing, appraisal, prediction, consultation,
    2-7  counseling, habilitation, rehabilitation, or instruction related to
    2-8  disorders of the auditory or vestibular systems <hearing and
    2-9  disorders of hearing and> for the purpose of rendering or offering
   2-10  to render services modifying communicative disorders involving
   2-11  speech, language, auditory or vestibular function, or other
   2-12  aberrant behavior relating to hearing loss.  An audiologist may
   2-13  engage in any tasks, procedures, acts, or practices that are
   2-14  necessary (A)  for the evaluation of hearing; (B)  for training in
   2-15  the use of amplification including hearing aids; <or> (C)  for the
   2-16  making of earmolds for hearing aids; (D)  for the fitting,
   2-17  dispensing, and sale of hearing aids; or (E)  for the management of
   2-18  cerumen.  An audiologist may participate in consultation regarding
   2-19  noise control and hearing conservation, may provide evaluations of
   2-20  environment or equipment including calibration of equipment used in
   2-21  testing auditory functioning and hearing conservation, and may
   2-22  perform the basic speech and language screening tests and
   2-23  procedures consistent with his or her training.
   2-24              (8)  A "licensed assistant in speech-language
   2-25  <(9)  "Speech-language> pathology <aide>" means a person who meets
   2-26  minimum qualifications which the board <committee> may establish
   2-27  for speech-language pathology licensed assistants <aides> and who
   2-28  works under the direction of a licensed speech-language
   2-29  pathologist.  The qualifications for licensure as a speech-language
   2-30  pathology licensed assistant <aide> shall be uniform and shall be
   2-31  less than those established by this Act as necessary for licensure
   2-32  as a speech-language pathologist.
   2-33              (9)  A "licensed assistant in audiology"
   2-34  <(10)  "Audiology aide"> means a person who meets minimum
   2-35  qualifications which the board <committee> may establish for
   2-36  audiology licensed assistants <aides> and who works under the
   2-37  direction of a licensed audiologist.  The qualifications for
   2-38  licensure as an audiology licensed assistant <aide> shall be
   2-39  uniform and shall be less than those established by this Act as
   2-40  necessary for licensure as an audiologist.
   2-41        Sec. 3.  BOARD <COMMITTEE>; MEMBERSHIP.  (a)  The State Board
   2-42  <Committee> of Examiners for Speech Pathology and Audiology is
   2-43  created within the Texas Department of Health.  The board
   2-44  <committee> consists of nine members appointed by the governor <to
   2-45  take office on the effective date of this Act>. Members of the
   2-46  board <committee> must have been residents of the State of Texas
   2-47  for two years immediately preceding appointment and must be
   2-48  representative of varying geographic regions of the state and from
   2-49  varying employment settings.  Six members must have been engaged in
   2-50  rendering services, teaching, or research in speech-language
   2-51  pathology or audiology for at least five years and must meet the
   2-52  qualifications for full licensure under this Act. Of these six
   2-53  members, three members shall be audiologists, three members shall
   2-54  be speech-language pathologists.  All <Except for the initial
   2-55  appointees, all> six shall hold valid licenses under this Act.
   2-56  Three members shall be selected from the general public.  One of
   2-57  the three public members of the board <committee> must be a
   2-58  physician licensed to practice in the State of Texas and board
   2-59  certified in otolaryngology or pediatrics.  The two remaining
   2-60  public members may not:
   2-61              (1)  be licensed by an occupational regulatory agency
   2-62  in the field of health care;
   2-63              (2)  be employed by and participating in the management
   2-64  of an agency or business entity that provides health-care services
   2-65  or that sells, manufactures, or distributes health-care supplies or
   2-66  equipment;
   2-67              (3)  own, control, or have a direct or indirect
   2-68  interest in more than 10 percent of a business entity that provides
   2-69  health-care services or that sells, manufactures, or distributes
   2-70  health-care supplies or equipment; or
    3-1              (4)  be an officer, employee, or paid consultant of a
    3-2  trade association in the field of health care.  A member of the
    3-3  board <committee> may not be related within the second degree of
    3-4  affinity or consanguinity, as determined under Article 5996h,
    3-5  Revised Statutes, to a person who is an officer, employee, or a
    3-6  paid consultant of a trade association in the health-care field.
    3-7        (b)  An appointment to the board <committee> shall be made
    3-8  without regard to the race, creed, sex, religion, or national
    3-9  origin of the appointee.
   3-10        (c)  A person who is required to register as a lobbyist under
   3-11  Chapter 305, Government Code, in a health-related area may not
   3-12  serve as a member of the board or act as the general counsel to the
   3-13  board.
   3-14        Sec. 4.  Terms; Officers; Quorum; Expenses.  (a)  Members
   3-15  <The term of initial appointees to the board shall be determined by
   3-16  lot as follows:  three members are appointed for terms which expire
   3-17  August 31, 1985; three members are appointed for terms which expire
   3-18  August 31, 1987; and three members are appointed for terms which
   3-19  expire August 31, 1989.  After the initial appointments, members>
   3-20  are appointed for staggered terms of six years, with three terms
   3-21  beginning September 1 of each odd-numbered year.  Members of the
   3-22  board <committee> shall serve until the expiration of the term to
   3-23  which they have been appointed or until their successors have
   3-24  qualified.  A person may not be appointed to serve more than two
   3-25  consecutive terms.
   3-26        (b)  The board <committee> shall be organized annually and
   3-27  select a chairperson, vice-chairperson, and a secretary-treasurer.
   3-28  The <initial chairperson shall be a person who meets the
   3-29  qualifications for licensing under this Act.  After September 1,
   3-30  1984, the> chairperson shall hold a valid license under this Act.
   3-31        (c)  Five members of the board <committee> constitute a
   3-32  quorum <to do business>.
   3-33        (d)  The board <committee> shall hold at least two regular
   3-34  meetings each year <at which time an examination as defined in
   3-35  Section 12 of this Act shall be offered>.  Additional meetings may
   3-36  be held on the call of the chairperson or at the written request of
   3-37  any three members of the board <committee>.  The open meetings law,
   3-38  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
   3-39  (Article 6252-17, Vernon's Texas Civil Statutes), requires seven
   3-40  days' notice for all state agencies.  <At least 14 days' advance
   3-41  notice of the committee meeting is required.>
   3-42        (e)  Board <Committee> members receive no compensation for
   3-43  their services; however, each member of the board <committee> is
   3-44  entitled to a per diem and travel allowance at the rate set by the
   3-45  legislature for state employees in the General Appropriations Act
   3-46  for each day that the member engages in the business of the board
   3-47  <committee>.
   3-48        Sec. 5.  DUTIES AND POWERS OF THE BOARD <COMMITTEE>.
   3-49  (a)  The board <Subject to the approval of the board, the
   3-50  committee> shall adopt rules necessary to administer and enforce
   3-51  this Act, including rules that establish standards of ethical
   3-52  practice.
   3-53        (b)  With the assistance of the department, the board
   3-54  <committee> shall administer, coordinate, and enforce the
   3-55  provisions of this Act; evaluate the qualifications of applicants;
   3-56  provide for the examination of applicants; and issue subpoenas,
   3-57  examine witnesses, and administer oaths under the laws of the State
   3-58  of Texas.
   3-59        (c)  With the assistance of the department and in accordance
   3-60  with the Administrative Procedure and Texas Register Act, as
   3-61  amended (Article 6252-13a, Vernon's Texas Civil Statutes), the
   3-62  board <committee> shall conduct hearings and keep records and
   3-63  minutes necessary to the orderly administration of this Act.
   3-64        (d)  The board <committee> with the aid of the department
   3-65  shall investigate persons engaging in practices that violate the
   3-66  provisions of this Act.
   3-67        (e)  A person who holds a license to practice speech-language
   3-68  pathology or audiology in this state is governed and controlled by
   3-69  the rules adopted by the board <committee and approved by the board
   3-70  of health>.
    4-1        (f)  The conferral or enumeration of specific powers
    4-2  elsewhere in this Act shall not be construed as a limitation of the
    4-3  general powers conferred by this section.
    4-4        (g)  The board <committee> shall be represented by the
    4-5  attorney general and the district and county attorneys of this
    4-6  state.
    4-7        (h)  The board <committee> may appoint subcommittees to work
    4-8  under its jurisdiction<, subject to the approval of the board>.
    4-9        Sec. 6.  EMPLOYEES OF THE BOARD <COMMITTEE>.  The Texas
   4-10  Department of Health shall provide such administrative and clerical
   4-11  employees as are necessary to carry out the provisions of this Act.
   4-12        Sec. 7.  Seal and Authentication of Records.  The board
   4-13  <committee> shall adopt a seal by which it shall authenticate its
   4-14  proceedings.  Copies of the proceedings, records, and acts of the
   4-15  board <committee> and certificates purporting to relate the facts
   4-16  concerning the proceedings, records, and acts, signed by the
   4-17  secretary-treasurer and authenticated by the seal, are prima facie
   4-18  evidence in all courts of this state.
   4-19        Sec. 8.  Licensing and Regulation of Speech-Language
   4-20  Pathologists and Audiologists.  (a)  Licenses shall be granted
   4-21  either in speech-language pathology or audiology independently.
   4-22  Persons may be licensed in both areas if they meet the
   4-23  qualifications.  The board shall establish by rule qualifications
   4-24  of dual licensure in speech-language pathology and audiology and
   4-25  may develop a full range of licensing options and establish rules
   4-26  of qualification as needed.
   4-27        (b)  A person may not practice or represent himself or
   4-28  herself as a speech-language pathologist or audiologist in this
   4-29  state <after August 31, 1984,> unless he or she is licensed in
   4-30  accordance with the provisions of this Act.
   4-31        (c)  Any violation of this subsection shall constitute a
   4-32  deceptive trade practice.
   4-33        Sec. 9.  Persons and Practices Not Affected.  (a)  This Act
   4-34  does not prevent qualified persons licensed in this state under
   4-35  another law from engaging in the profession for which they are
   4-36  licensed.
   4-37        (b)  This Act does not prevent or restrict the activities and
   4-38  services and the use of an official title by persons holding a
   4-39  valid and current certification in speech-language pathology
   4-40  <speech and hearing therapy> from the Central Education Agency if
   4-41  those persons perform speech-language pathology or audiology
   4-42  services solely as a part of their duties within an agency,
   4-43  institution, or organization under the jurisdiction of the Central
   4-44  Education Agency.  Effective September 1, 1994, the Central
   4-45  Education Agency certificate in speech-language pathology shall
   4-46  require the applicant to hold a master's degree in communicative
   4-47  disorders, or its equivalent, from a university program accredited
   4-48  by the American Speech-Language Hearing Association and pass a
   4-49  national examination in speech-language pathology or audiology as
   4-50  approved by the board.  If persons affected by this subsection
   4-51  perform work as a speech-language pathologist or audiologist apart
   4-52  from their positions within an agency, institution, or organization
   4-53  of the Central Education Agency, they must have a license issued by
   4-54  the board <committee>, except that a person affected by this
   4-55  subsection may perform speech and hearing screening procedures
   4-56  without compensation without having a license issued by the board
   4-57  <committee>.
   4-58        (c)  "Equivalent" shall be defined as graduate level
   4-59  coursework and practicum from a program accredited by the American
   4-60  Speech-Language Hearing Association.  Coursework and practicum
   4-61  requirements shall be the same as that established by the board for
   4-62  the license in speech-language pathology or audiology.  The
   4-63  clinical fellowship year experience or internship shall not be a
   4-64  requirement for the Central Education Agency certificate in
   4-65  speech-language pathology.
   4-66        (d)  This Act does not restrict the activities and services
   4-67  of students <or interns> pursuing a course of study leading to a
   4-68  degree in speech-language pathology at a college or university
   4-69  accredited by the Southern Association of Colleges and Universities
   4-70  or its equivalent, provided that these activities and services
    5-1  constitute a part of their supervised course of study <or
    5-2  internship year; that after September 1, 1984>, that they are
    5-3  supervised by a person licensed under this Act,<;> and that they
    5-4  are designated by a title such as <"Speech-Language Pathology
    5-5  Intern" or> "Speech-Language Pathology Trainee" or other title
    5-6  clearly indicating their professional preparation <the training>
    5-7  status <appropriate to their level of training>.
    5-8        (e) <(d)>  This Act does not restrict activities and services
    5-9  of students <or interns> in audiology pursuing a course of study
   5-10  leading to a degree in audiology at a college or university
   5-11  accredited by the Southern Association of Colleges and Universities
   5-12  or its equivalent, provided that these activities and services
   5-13  constitute a part of their supervised course of study <or
   5-14  internship year; that after September 1, 1984>, that they are
   5-15  supervised by a person licensed under this Act,<;> and that they
   5-16  are designated by a title such as <"Audiology Intern" or>
   5-17  "Audiology Trainee" or other title clearly indicating their
   5-18  professional preparation <the training> status <appropriate to
   5-19  their level of training>.  Students of audiology in an accredited
   5-20  college or university program are exempt from the provisions of
   5-21  Chapter 366, Acts of the 61st Legislature, Regular Session, 1969
   5-22  (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes),
   5-23  provided that their activities and services constitute a part of
   5-24  their supervised course of study or practicum experience.
   5-25        <(e)  This Act does not restrict the performance of
   5-26  speech-language pathology or audiology services in this state by a
   5-27  person not a resident of this state who is not licensed under this
   5-28  Act, if the services are performed for no more than five days in a
   5-29  calendar year and if the person meets the qualifications and
   5-30  requirements for application for licensure under this Act.>
   5-31        (f)  This Act does not restrict the use of an official title
   5-32  by an individual teaching in a university or college training
   5-33  program, provided that the person is not engaged in the practice of
   5-34  speech-language pathology or audiology and does not supervise
   5-35  persons engaged in the practice of speech-language pathology or
   5-36  audiology.
   5-37        (g)  This Act does not permit a person to perform an act that
   5-38  would be in violation of the Medical Practice Act (Article 4495b,
   5-39  Vernon's Texas Civil Statutes).  <This Act does not permit a person
   5-40  to provide medical or surgical diagnosis or treatment of laryngeal
   5-41  or ear disorders.>
   5-42        (h)  Nothing in this Act shall be construed as restricting or
   5-43  preventing a physician or surgeon from engaging in the practice of
   5-44  medicine in this state.  This Act does not restrict speech or
   5-45  hearing testing or evaluation personally conducted by a licensed
   5-46  physician or surgeon.
   5-47        (i)  <This Act does not apply to persons employed by the
   5-48  Texas Department of Health in its programs concerned with hearing
   5-49  or speech services as long as they are performing duties under the
   5-50  jurisdiction of the Texas Department of Health.>
   5-51        <(j)>  This Act does not apply to a person who shows evidence
   5-52  of having received training by the Texas Department of Health in
   5-53  one of the communication, speech, language, and/or hearing
   5-54  screening training programs approved by that agency, provided that
   5-55  all activities performed under this exception shall be limited to
   5-56  screening as defined by the board.  Individuals who have received
   5-57  training by the department in one of the communication, speech,
   5-58  language, and/or hearing screening training programs approved by
   5-59  the department may not practice speech-language pathology or
   5-60  audiology or represent themselves as a speech-language pathologist
   5-61  or audiologist <of hearing sensitivity>.
   5-62        (j)(1)  Persons meeting the requirements for licensure as an
   5-63  audiologist or an audiology intern under this Act who choose to fit
   5-64  and dispense hearing aids shall be required to:
   5-65                    (A)  register with the board their intention to
   5-66  fit and dispense;
   5-67                    (B)  adhere to the profession's Code of Ethics;
   5-68                    (C)  comply with federal Food and Drug
   5-69  Administration guidelines required for fitting and dispensing
   5-70  hearing aids;
    6-1                    (D)  provide a written contract for services in
    6-2  this state that shall contain the name, mailing address, and
    6-3  telephone number of the board; and
    6-4                    (E)  follow guidelines established by the board
    6-5  for a 30-day trial period on every hearing aid purchased.
    6-6              (2)  If audiometric testing is not conducted in a
    6-7  stationary acoustical enclosure, sound level measurements must be
    6-8  conducted at the time of the testing to ensure that ambient noise
    6-9  levels meet permissible standards for testing threshold to 20 dB
   6-10  based on the most current American National Standards Institute
   6-11  (ANSI) "ears covered" octave band criteria for Permissible Ambient
   6-12  Noise Levels During Audiometric Testing.  A dBA equivalent level
   6-13  may be used to determine compliance.  The board shall adopt rules
   6-14  necessary to enforce the provisions of this subsection.
   6-15              (3)  Furthermore, an audiologist or audiology intern
   6-16  who chooses to fit and dispense shall not sell hearing aids by
   6-17  mail.  A licensed hearing aid fitter and dispenser or licensed
   6-18  audiologist shall not sell a hearing aid to a person under 18 years
   6-19  of age unless the prospective user, parent, or guardian has
   6-20  presented to the hearing aid fitter and dispenser or audiologist a
   6-21  written statement signed by a licensed physician specializing in
   6-22  diseases of the ear that states that the patient's hearing loss has
   6-23  been medically evaluated and the patient may be considered a
   6-24  candidate for a hearing instrument.  The evaluation must have taken
   6-25  place within the preceding six months.
   6-26              (4) <(k)  This Act does not license a person to sell
   6-27  hearing aids as defined in Chapter 366, Acts of the 61st
   6-28  Legislature, Regular Session, 1969, as amended (Article 4566-1.01
   6-29  et seq., Vernon's Texas Civil Statutes).>
   6-30        <(l)>  This Act does not prevent or restrict a person
   6-31  licensed under Chapter 366, Acts of the 61st Legislature, Regular
   6-32  Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
   6-33  Statutes), <by the Texas Board of Examiners in the Fitting and
   6-34  Dispensing of Hearing Aids> from engaging in the practice of
   6-35  fitting and dispensing hearing aids.  Nothing in this Act shall be
   6-36  construed to prohibit a fitter and dispenser licensed under Chapter
   6-37  366, Acts of the 61st Legislature, Regular Session, 1969 (Article
   6-38  4566-1.01 et seq., Vernon's Texas Civil Statutes), from measuring
   6-39  human hearing by the use of an audiometer or by any means for the
   6-40  purpose of making selections, adaptations, or sales of hearing
   6-41  aids, including the making of impressions for earmolds to be used
   6-42  as part of the hearing aid and any necessary post-fitting
   6-43  counseling for the purpose of fitting and dispensing hearing aids.
   6-44  Nonaudiologists who are licensed to fit and dispense hearing aids
   6-45  under Chapter 366, Acts of the 61st Legislature, Regular Session,
   6-46  1969 (Article 4566-1.01 et seq., Vernon's Texas Civil Statutes),
   6-47  shall not practice speech-language pathology or audiology or
   6-48  represent themselves to the public as a speech-language pathologist
   6-49  or audiologist or other term restricted by this Act.
   6-50        (k) <(m)>  This Act does not prevent persons in an industrial
   6-51  setting from engaging in hearing testing as a part of a hearing
   6-52  conservation program in compliance with regulations of the
   6-53  Occupational Safety and Health Administration, provided that such
   6-54  persons are certified by an agency acceptable to the Occupational
   6-55  Safety and Health Administration.
   6-56        (l) <(n)>  This Act does not prevent or restrict
   6-57  communication, speech, language and/or hearing screenings, as
   6-58  defined by the board, <sensitivity screening evaluations> conducted
   6-59  by registered nurses licensed by the laws of this state and
   6-60  practicing in accordance with the standards of professional conduct
   6-61  and ethics promulgated by the rules and regulations of the Board of
   6-62  Nurse Examiners.
   6-63        <(o)  This Act does not prevent the use of the title
   6-64  "Certified Hearing Aid Audiologist" by a person so certified by the
   6-65  National Hearing Aid Association if the person is a licensed
   6-66  hearing aid dispenser and uses the title solely in connection with
   6-67  fitting and dispensing hearing aids and does not represent himself
   6-68  to be a licensed audiologist under this Act.>
   6-69        <(p)  Nothing in this Act shall be construed as restricting
   6-70  or preventing a licensed psychologist from engaging in the practice
    7-1  of psychology within the scope of the activities permitted under
    7-2  that license.>
    7-3        Sec. 10.  Qualification of Applicants for License.  (a)  To
    7-4  be eligible for licensing as a speech-language pathologist or
    7-5  audiologist, an applicant must:
    7-6              (1)  possess a minimum of <at least> a master's degree
    7-7  with a major in at least one of the areas of communicative sciences
    7-8  and/or disorders from a program accredited by the American
    7-9  Speech-Language Hearing Association in an accredited or approved
   7-10  college or university <speech-language pathology or audiology from
   7-11  an accredited or approved college or university>;
   7-12              (2)  submit transcripts from one or more colleges or
   7-13  universities showing successful completion of course work in
   7-14  amounts set by the board <committee with the approval of the board>
   7-15  in the following areas:
   7-16                    (A)  information about normal development and use
   7-17  of speech, language, and hearing;
   7-18                    (B)  information about evaluation, habilitation,
   7-19  and rehabilitation of speech, language, and hearing disorders; and
   7-20                    (C)  information pertaining to related fields
   7-21  that augment the work of clinical practitioners of speech-language
   7-22  pathology and audiology;
   7-23              (3)  have successfully completed at least 36 <30>
   7-24  semester hours in courses that are acceptable toward a graduate
   7-25  degree by the college or university in which they are taken, at
   7-26  least 24 <21> of which are within the professional area for which
   7-27  the license is requested and at least six of which are in audiology
   7-28  for the applicant for a license in speech-language pathology
   7-29  <license> or at least six of which are in speech-language pathology
   7-30  for the applicant for a license in audiology;
   7-31              (4)  have completed the minimum number of hours
   7-32  established by the board of <a minimum of 300 clock hours of>
   7-33  supervised clinical experience with individuals who present a
   7-34  variety of communication disorders.  This<, and this> experience
   7-35  must have been obtained within his or her educational <training>
   7-36  institution or in one of its cooperating programs and under the
   7-37  supervision of a person holding a valid license to practice
   7-38  speech-language pathology or audiology<, provided during the first
   7-39  year of this Act, the supervision may be under a person who would
   7-40  have met the qualifications for a license under this Act>; and
   7-41              (5)  have obtained <the equivalent of nine months of>
   7-42  full-time supervised professional experience as defined by the
   7-43  board in which bona fide clinical work has been accomplished in the
   7-44  major professional area for which the license is being sought,
   7-45  under the supervision of a qualified person acceptable to the board
   7-46  <committee> pursuant to guidelines approved by the board.  The
   7-47  supervised professional <which> experience must have begun after
   7-48  completion of the academic and clinical experience required by this
   7-49  section.
   7-50        (b)  An applicant who has met the requirements of Subsections
   7-51  (a)(1) through (4) of this section must be licensed as an intern
   7-52  under this Act.  An applicant who has successfully completed all
   7-53  academic and clinical experience as required by Subsections (a)(1)
   7-54  through (4) of this section but who has not had the degree
   7-55  officially conferred must be licensed as an intern under this Act.
   7-56  The board by rule shall prescribe the terms by which an applicant
   7-57  may practice under an intern's license under this subsection.  The
   7-58  board by rule shall establish general guidelines and renewal
   7-59  procedures for the intern license.  Audiology interns are exempt
   7-60  from the provisions of Chapter 366, Acts of the 61st Legislature,
   7-61  Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
   7-62  Civil Statutes).
   7-63        Sec. 11.  Application for License.  Each person desiring a
   7-64  license under this Act shall make application to the board
   7-65  <committee> on a form and in the manner the board <committee>
   7-66  prescribes.  The application shall be accompanied by the
   7-67  application fee which may not be refunded by the board <committee>.
   7-68        Sec. 12.  Examination.  (a)  Each applicant shall pass a
   7-69  validated examination approved <be examined> by the board
   7-70  <committee> and shall pay fees in a manner prescribed by the board
    8-1  <to the committee, at least 30 days prior to the date of
    8-2  examination, a nonrefundable examination fee prescribed by the
    8-3  committee>.  The examination shall be administered <given> at least
    8-4  twice each year <at a time and place established by and under the
    8-5  supervision of the committee>.
    8-6        (b)  The board by rule may establish procedures for the
    8-7  administration of the examination. The board <committee> may
    8-8  require a<examine by> written or oral examination or <by> both.
    8-9  The board <committee> shall maintain a record of all examination
   8-10  scores for at least two years after the date of examination.
   8-11        (c)  Standards for acceptable performance shall be determined
   8-12  by the board <committee>.
   8-13        (d)  The board <committee> may examine in whatever
   8-14  theoretical or applied fields of speech-language pathology or
   8-15  audiology it deems appropriate.  It may examine the candidates with
   8-16  regard to their professional skills and their judgment in the
   8-17  utilization of speech-language pathology or audiology techniques or
   8-18  methods.
   8-19        (e)  Persons who fail the examination may be examined at a
   8-20  subsequent time if they pay another nonrefundable examination fee.
   8-21  No applicant who has taken and failed to pass two examinations may
   8-22  take the examination until the person has submitted a new
   8-23  application together with a nonrefundable application fee and
   8-24  presented evidence acceptable to the board <committee> of
   8-25  additional study in the area for which licensure is sought.  A
   8-26  person who fails a licensing examination administered under this
   8-27  Act should contact the testing service administering the
   8-28  examination to request an analysis of the person's performance on
   8-29  the examination.
   8-30        (f)  Not later than the 30th day after the date on which a
   8-31  licensing examination is administered under this Act, the board
   8-32  shall notify each examinee of the results of the examination.
   8-33  However, if an examination is graded or reviewed by a national or
   8-34  state testing service and the testing service does not directly
   8-35  notify examinees of the results of the examination, the board shall
   8-36  notify examinees of the results of the examination not later than
   8-37  the 14th day after the date on which the board receives the results
   8-38  from the testing service.  If the notice of examination results
   8-39  graded or reviewed by a national testing service will be delayed
   8-40  for longer than 90 days after the examination date, the board shall
   8-41  notify the examinee of the reason for the delay before the 90th
   8-42  day.  <The committee may waive the examination for applicants who:>
   8-43              <(1)  present proof of current licensure in another
   8-44  state, including the District of Columbia, or territory of the
   8-45  United States which maintains professional standards considered by
   8-46  the committee to be equivalent to those set forth in this Act; or>
   8-47              <(2)  hold the Certificate of Clinical Competence of
   8-48  the American Speech-Language Hearing Association in the area for
   8-49  which a license is being sought.>
   8-50        Sec. 13.  Licensing under Special Conditions.  (a)  The board
   8-51  <committee on request must waive educational, professional
   8-52  experience, and examination requirements for licensure in
   8-53  speech-language pathology for applicants who hold a baccalaureate
   8-54  or graduate degree, are fully certified by the Central Education
   8-55  Agency in speech and hearing therapy or in the judgment of the
   8-56  committee have met equivalent requirements, and within two years
   8-57  prior to the effective date of this Act were engaged in the
   8-58  practice of speech pathology on proof of bona fide practice of
   8-59  speech pathology, presented to the committee in the manner
   8-60  prescribed by the committee's rules, provided they file an
   8-61  application for licensure with the committee or the board of health
   8-62  before January 1, 1986.  Such licenses shall be issued without
   8-63  delay and shall be renewed in the same manner as licenses granted
   8-64  under other provisions of this Act.>
   8-65        <(b)  The committee on request shall waive educational and
   8-66  professional experience requirements for a license in audiology for
   8-67  an applicant who, on the effective date of this Act, holds a
   8-68  graduate degree from an accredited institution of higher education
   8-69  with a major in speech-language pathology or audiology, and has
   8-70  been continuously engaged in the practice of audiology for ten
    9-1  years immediately preceding the effective date of this Act,
    9-2  provided the applicant files an application for licensure with the
    9-3  committee on or before January 1, 1986.  Such an applicant must
    9-4  pass the licensing examination under Section 12 of this Act not
    9-5  later than August 31, 1986.>
    9-6        <(c)  The committee> may <waive the examination and> grant a
    9-7  provisional license <licensure> to an applicant who:
    9-8              (1)  possesses a license in good standing as a
    9-9  speech-language pathologist or an audiologist in another state, the
   9-10  District of Columbia, or a territory of the United States that has
   9-11  licensing and professional requirements that are considered by the
   9-12  board to be substantially equivalent to the requirements of this
   9-13  Act;
   9-14              (2)  has passed a national or other examination
   9-15  relating to speech-language pathology or audiology that is
   9-16  recognized by the board; and
   9-17              (3)  is sponsored by a person licensed by the board
   9-18  under this Act with whom the provisional license holder may
   9-19  practice under this section <presents proof of current licensure in
   9-20  another state, including the District of Columbia, or territory of
   9-21  the United States which maintains professional standards considered
   9-22  by the committee to be equivalent to those set forth in this Act>.
   9-23        (b)  An applicant for a provisional license may be excused
   9-24  from the requirement of Subsection (a)(3) of this section if the
   9-25  board determines that compliance with that subsection constitutes a
   9-26  hardship to the applicant.
   9-27        (c)  A provisional license is valid until the date the board
   9-28  approves or denies the provisional license holder's application for
   9-29  a license.  The board shall issue a license under this Act to the
   9-30  holder of a provisional license under this section if:
   9-31              (1)  the provisional license holder passes the
   9-32  examination required by Section 12 of this Act;
   9-33              (2)  the board verifies that the provisional license
   9-34  holder has the academic and experience requirements for a license
   9-35  under this Act; and
   9-36              (3)  the provisional license holder satisfies any other
   9-37  license requirements under this Act.
   9-38        (d)  The board must complete the processing of a provisional
   9-39  license holder's application for a license not later than the 180th
   9-40  day after the date the provisional license is issued.
   9-41        (e) <(d)>  The board <committee> may waive the examination
   9-42  and grant licensure to an applicant who holds the Certificate of
   9-43  Clinical Competence of the American Speech-Language Hearing
   9-44  Association <or has met equivalent requirements in the area for
   9-45  which a license is sought>.
   9-46        Sec. 14.  Issuance of License.  (a)  The board <committee>
   9-47  shall issue a license to an applicant who meets the requirements of
   9-48  this Act and who pays to the board <committee> the initial
   9-49  nonrefundable license fee.
   9-50        (b)  A temporary certificate of registration may be applied
   9-51  for by a person who fulfills the requirements of Section 10 of this
   9-52  Act and who has not previously applied to take the examination
   9-53  provided under Section 12 of this Act.
   9-54        (c)  On receiving an application provided for under
   9-55  Subsection (b) of this section accompanied by the nonrefundable
   9-56  application fee, the board <committee> shall issue a temporary
   9-57  certificate of registration which entitles the applicant to
   9-58  practice audiology or speech-language pathology for a period ending
   9-59  eight weeks after the conclusion of the next examination given
   9-60  after the date of issue.
   9-61        (d)  The board may establish a method of staggered dates for
   9-62  license renewal.  For the year in which the license expiration date
   9-63  is changed, license fees payable on the original expiration date
   9-64  shall be prorated on a monthly basis so that each licensee shall
   9-65  pay only that portion of the license fee that is allocable to the
   9-66  number of months during which the license is valid.  On renewal of
   9-67  the license on the new expiration date, the total license renewal
   9-68  fee is payable <All licenses expire and become invalid one year
   9-69  from the date of issuance if not renewed>.
   9-70        Sec. 14A.  TEMPORARY LICENSE; INACTIVE STATUS.  (a)  The
   10-1  board by rule may provide for the issuance of a temporary license.
   10-2        (b)  The board by rule may provide for a person who holds a
   10-3  license under this Act to be placed on inactive status.  Rules
   10-4  adopted under this section shall include a time limit for a license
   10-5  holder to remain on inactive status.
   10-6        Sec. 15.  Renewal of License.  (a)  Each licensed
   10-7  speech-language pathologist or audiologist shall annually pay the
   10-8  nonrefundable renewal fee for a renewal of his license.  A 60-day
   10-9  grace period shall be allowed.  After expiration of the grace
  10-10  period, the board <committee> may renew each license after payment
  10-11  of a penalty set by the rules.  No person who applies for renewal
  10-12  within two years after the date of expiration of the license may be
  10-13  required to submit to an examination as a condition to renewal.  An
  10-14  application for licensure filed within two years after the date of
  10-15  expiration of the person's license shall be considered an
  10-16  application of renewal.
  10-17        (b)  Persons who fail to renew their license within two years
  10-18  after the date of its expiration may not renew it, and it may not
  10-19  be restored, reissued, or reinstated thereafter, but those persons
  10-20  may apply for and obtain a new license if they meet the
  10-21  requirements of this Act.
  10-22        (c)  Renewal <Within three years of the effective date of
  10-23  this Act, renewal> of a license is contingent on the applicant's
  10-24  meeting uniform continuing education requirements established by
  10-25  the board <committee>.  These continuing education requirements
  10-26  must be of such a nature that they can be met without necessitating
  10-27  an extended absence from the licensee's county of residence.
  10-28  <Notice of continuing education requirements shall be sent to all
  10-29  persons licensed under this Act at least 12 months prior to the
  10-30  time that the person's license renewal is dependent on completion
  10-31  of the requirements.>  Continuing education requirements shall be
  10-32  sent to new applicants with the forms on which they are to apply
  10-33  for licensure.  Notification of <or> changes in continuing
  10-34  education requirements shall be sent to persons licensed under this
  10-35  Act at least one year prior to the date on which the new
  10-36  requirements become effective.
  10-37        (d)  If a person's license has been expired for two years or
  10-38  longer, the person may not renew the license.  The person may
  10-39  obtain a new license by complying with the requirements and
  10-40  procedures for obtaining an original license.  However, the board
  10-41  may renew a license without reexamination for a person who was,
  10-42  within the past three years, licensed in this state and is
  10-43  currently licensed in and has been in practice in another state for
  10-44  the two years preceding application.  An applicant who was licensed
  10-45  in this state but whose license expired more than three years ago
  10-46  may reapply for a license by meeting current licensing
  10-47  requirements.  The board may establish rules to address the
  10-48  reinstatement of a license in cases of medical hardship.  To renew
  10-49  an expired license, the person must pay to the board a fee that is
  10-50  equal to all unpaid renewal fees for the license.  <A suspended
  10-51  license is subject to expiration and may be renewed as provided in
  10-52  this Act, but the renewal does not entitle the licensee, while the
  10-53  license remains suspended and until it is reinstated, to engage in
  10-54  the licensed activity or in any other activity or conduct in
  10-55  violation of the order or judgment by which the license was
  10-56  suspended.  A license revoked on disciplinary grounds is subject to
  10-57  expiration as provided in this Act, but it may not be renewed.  If
  10-58  it is reinstated after its expiration, the licensee as a condition
  10-59  of reinstatement shall pay a reinstatement fee in an amount equal
  10-60  to the renewal fee in effect on the last preceding regular renewal
  10-61  date before the date on which it is reinstated, plus the
  10-62  delinquency fee, if any, accrued at the time of the license
  10-63  revocation.>
  10-64        Sec. 16.  Fees.  <The amount of fees initially prescribed in
  10-65  connection with a license as a speech-language pathologist or
  10-66  audiologist may not exceed the following:>
  10-67              <(1)  application fee:                   $75>
  10-68              <(2)  examination fee:                   $50>
  10-69              <(3)  initial license fee:               $75>
  10-70              <(4)  license renewal fee:               $75>
   11-1              <(5)  delinquency fee:                   $50>
   11-2              <(6)  temporary license fee:             $25>
   11-3              <(7)  duplicate license fee:             $10>
   11-4  The board <committee> by rule shall establish reasonable and
   11-5  necessary fees.  The<, and such> fees set by the board shall be
   11-6  adjusted so that the total fees collected, in the aggregate, shall
   11-7  be sufficient to meet the expenses of administering this Act <and
   11-8  so that unnecessary surpluses in the fund provided for in Section
   11-9  20 of this Act are avoided>.
  11-10        Sec. 17.  Denial, Suspension, and Revocation.  (a)  The board
  11-11  <committee> may refuse to issue a license to an applicant or may
  11-12  suspend or revoke the license of any licensee for any of the
  11-13  following causes:
  11-14              (1)  obtaining a license by means of fraud,
  11-15  misrepresentation, or concealment of material facts;
  11-16              (2)  selling, bartering, or offering to sell or barter
  11-17  a license or certificate of registration;
  11-18              (3)  unprofessional conduct that has endangered or is
  11-19  likely to endanger the health, welfare, or safety of the public as
  11-20  defined by the rules established by the board <committee> or
  11-21  violation of the code of ethics adopted and published by the board
  11-22  <committee>;
  11-23              (4)  violating any lawful order or rule rendered or
  11-24  adopted by the board <committee>; or
  11-25              (5)  violating any provisions of this Act.
  11-26        (b)  The board <committee> shall deny an application for or
  11-27  suspend or revoke or impose probationary conditions on a license as
  11-28  ordered by the board <committee> in any decision made after hearing
  11-29  as provided in this Act.  One year from the date of revocation of a
  11-30  license under this Act, application may be made to the board
  11-31  <committee> for reinstatement.  The board <committee> shall have
  11-32  discretion to accept or reject an application for reinstatement and
  11-33  may require an examination for the reinstatement.
  11-34        (c)  A plea or verdict of guilty or a conviction following a
  11-35  plea of nolo contendere made to a charge of a felony or of an
  11-36  offense involving moral turpitude is deemed to be a conviction
  11-37  within the meaning of this Act.  At the direction of the board
  11-38  <committee> the license may be suspended or revoked or the board
  11-39  <committee> may decline to issue a license when the time for appeal
  11-40  of the conviction has elapsed or the judgment or conviction has
  11-41  been affirmed on appeal, or when an order granting probation is
  11-42  made suspending the imposition of sentence irrespective of a
  11-43  subsequent order allowing a person to withdraw his or her plea of
  11-44  guilty, or setting aside the verdict of guilty, or dismissing the
  11-45  information or indictment.
  11-46        (d)  In addition to the other disciplinary actions authorized
  11-47  by this section, the board may issue a written reprimand to a
  11-48  license holder who violates this Act or require that a license
  11-49  holder who violates this Act attend continuing education programs
  11-50  and may specify the number of hours that must be successfully
  11-51  completed by an individual license holder to fulfill the
  11-52  requirements of this subsection.
  11-53        (e)  If a license suspension is probated, the board may
  11-54  require the license holder to:
  11-55              (1)  report regularly to the board on matters that are
  11-56  the basis of the probation;
  11-57              (2)  limit practice to the areas prescribed by the
  11-58  board; or
  11-59              (3)  continue or review professional continuing
  11-60  education until the license holder attains a degree of skill
  11-61  satisfactory to the board in those areas that are the basis of the
  11-62  probation.
  11-63        (f)  The schedule of sanctions adopted by the board by rule
  11-64  shall be used for any sanction imposed as the result of a hearing
  11-65  conducted by the board.
  11-66        Sec. 18.  Penalties.  (a)  A person who violates any of the
  11-67  provisions of this Act is guilty of a Class B misdemeanor and on
  11-68  conviction may be punished by confinement in the county jail not
  11-69  exceeding six months, by a fine not exceeding $1,000, or by both.
  11-70        (b)  If a person other than a licensed speech-language
   12-1  pathologist or audiologist has engaged in any act or practice which
   12-2  constitutes an offense under this Act, a district court of any
   12-3  county on application of the board <committee> may issue an
   12-4  injunction or other appropriate order restraining such conduct.
   12-5        Sec. 19.  Procedures for Denial, Revocation, or Suspension of
   12-6  a License.  (a)  A person whose application for a license is denied
   12-7  is entitled to a hearing before the board <committee> if such
   12-8  person submits a written request to the board<committee>.
   12-9        (b)  Proceedings for revocation or suspension of a license
  12-10  shall be commenced by filing charges with the board <committee> in
  12-11  writing and under oath.  The charges may be made by any person or
  12-12  persons.
  12-13        (c)  <The chairperson of the committee shall fix a time and
  12-14  place for a hearing and shall cause a written copy of the charges
  12-15  or reason for denial of a license, together with a notice of the
  12-16  time and place fixed for the hearing, to be served on the applicant
  12-17  requesting the hearing or the licensee against whom the charges
  12-18  have been filed at least 20 days prior to the date set for the
  12-19  hearing.  Service of charges and notice of hearing may be given by
  12-20  certified mail to the last known address of the licensee or
  12-21  applicant.>
  12-22        <(d)  At the hearing the applicant or licensee has the right
  12-23  to appear either personally or by counsel or both, to produce
  12-24  witnesses, to have subpoenas issued by the committee, and to
  12-25  cross-examine opposing or adverse witnesses.>
  12-26        <(e)  The committee shall determine the charges on their
  12-27  merits and enter an order in a permanent record setting forth the
  12-28  findings of fact and law and the action taken.  A copy of the order
  12-29  of the committee shall be mailed to the applicant or licensee at
  12-30  his or her last known address by certified mail.>
  12-31        <(f)  An individual whose application for a license has been
  12-32  refused or whose license has been cancelled, revoked, or suspended
  12-33  by the committee may take an appeal, within 20 days after the order
  12-34  is entered, to any district court of Travis County or to any
  12-35  district court of the county of his or her residence.>
  12-36        <(g)  In all appeals prosecuted in any of the courts of this
  12-37  state pursuant to the provisions of this Act, such trials shall be
  12-38  de novo as that term is used and understood in appeals from justice
  12-39  of the peace courts.  Under no circumstances shall the substantial
  12-40  evidence rule as interpreted and applied by the courts in Texas in
  12-41  other cases ever be used or applied to appeals prosecuted under the
  12-42  provisions of this Act.>
  12-43        <(h)>  All proceedings under this Act shall conform to the
  12-44  requirements of the Administrative Procedure and Texas Register
  12-45  Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
  12-46  Statutes), except as modified by this section.
  12-47        Sec. 20.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
  12-48  shall keep an information file about each complaint filed with the
  12-49  board.  The board's information file shall be kept current and
  12-50  contain a record for each complaint of:
  12-51              (1)  all persons contacted in relation to the
  12-52  complaint;
  12-53              (2)  a summary of findings made at each step of the
  12-54  complaint process;
  12-55              (3)  an explanation of the legal basis and reason for
  12-56  complaint that is dismissed; and
  12-57              (4)  other relevant information.
  12-58        (b)  If a written complaint is filed with the board that the
  12-59  board has authority to resolve, the board, at least as frequently
  12-60  as quarterly and until final disposition of the complaint, shall
  12-61  notify the parties to the complaint of the status of the complaint
  12-62  unless the notice would jeopardize an undercover investigation.
  12-63        (c)  The board by rule shall adopt a form to standardize
  12-64  information concerning complaints made to the board.  The board by
  12-65  rule shall prescribe information to be provided to a person when
  12-66  the person files a complaint with the board.
  12-67        (d)  The board shall provide reasonable assistance to a
  12-68  person who wishes to file a complaint with the board.
  12-69        Sec. 21.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  12-70  board shall adopt rules concerning the investigation of a complaint
   13-1  filed with the board.  The rules adopted under this subsection
   13-2  shall:
   13-3              (1)  distinguish between categories of complaints;
   13-4              (2)  ensure that complaints are not dismissed without
   13-5  appropriate consideration;
   13-6              (3)  require that the board be advised of a complaint
   13-7  that is dismissed and that a letter be sent to the person who filed
   13-8  the complaint explaining the action taken on the dismissed
   13-9  complaint;
  13-10              (4)  ensure that the person who filed the complaint has
  13-11  an opportunity to explain the allegations made in the complaint;
  13-12  and
  13-13              (5)  prescribe guidelines concerning the categories of
  13-14  complaints that require the use of a private investigator and the
  13-15  procedures for the board to obtain the services of a private
  13-16  investigator.
  13-17        (b)  The board shall dispose of all complaints in a timely
  13-18  manner.  The board shall establish a schedule for conducting each
  13-19  phase of a complaint that is under the control of the board not
  13-20  later than the 30th day after the date the complaint is received by
  13-21  the board.  The schedule shall be kept in the information file for
  13-22  the complaint and all parties shall be notified of the projected
  13-23  time requirements for pursuing the complaint.  A change in the
  13-24  schedule must be noted in the complaint information file and all
  13-25  parties to the complaint must be notified not later than the
  13-26  seventh day after the date the change is made.
  13-27        (c)  The director of the board shall notify the board of a
  13-28  complaint that extends beyond the time prescribed by the board for
  13-29  resolving the complaint so that the board may take necessary action
  13-30  on the complaint.
  13-31        Sec. 22.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
  13-32  adopt procedures governing:
  13-33              (1)  informal disposition of a contested case under
  13-34  Section 13(e), Administrative Procedure and Texas Register Act
  13-35  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  13-36  subsequent amendments; and
  13-37              (2)  informal proceedings held in compliance with
  13-38  Section 18(c), Administrative Procedure and Texas Register Act
  13-39  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  13-40  subsequent amendments.
  13-41        (b)  Rules adopted under this section must provide the
  13-42  complainant and the licensee an opportunity to be heard and must
  13-43  require the presence of a representative of the office of the
  13-44  attorney general to advise the board or the board's employees.
  13-45        Sec. 23.  MONITORING OF LICENSE HOLDER.  The board by rule
  13-46  shall develop a system for monitoring license holder's compliance
  13-47  with the requirements of this Act.  Rules adopted under this
  13-48  section shall include procedures for monitoring a license holder
  13-49  who is ordered by the board to perform certain acts to ascertain
  13-50  that the license holder performs the required acts and to identify
  13-51  and monitor license holders who represent a risk to the public.
  13-52        Sec. 24 <20>.  Disposition of Funds Received.  (a)  Except as
  13-53  provided in Section 25 of this Act, all <All> funds received by the
  13-54  board <committee> under this Act shall be deposited in accordance
  13-55  with applicable state law in the State Treasury in a separate fund
  13-56  to be known as the speech-language pathology and audiology fund and
  13-57  be appropriated to the board <Texas Department of Health> solely
  13-58  for administration of this Act.
  13-59        (b)  All <After August 31, 1984, all> expenses for the
  13-60  administration of the Act shall be paid from fees collected by the
  13-61  board <committee> under this Act.
  13-62        <(c)  There is hereby appropriated $80,000 to the
  13-63  speech-language pathology and audiology fund for the implementation
  13-64  of this Act, said funds coming from the General Revenue Fund for
  13-65  the first year provided that the first $80,000 of application and
  13-66  license fees shall be returned to the General Revenue Fund as they
  13-67  are received.>
  13-68        Sec. 25 <21>.  Exemptions From the Basic Science Law.  The
  13-69  provisions of Chapter 95, Acts of the 51st Legislature, Regular
  13-70  Session, 1949, as amended (Article 4590c, Vernon's Texas Civil
   14-1  Statutes), do not apply to audiologists or speech-language
   14-2  pathologists duly qualified and licensed under this Act who confine
   14-3  their activity to the areas specified in this Act.
   14-4        Sec. 26 <22>.  Sunset Provision.  The State Board <Committee>
   14-5  of Examiners for Speech-Language Pathology and Audiology is subject
   14-6  to Chapter 325, Government Code (Texas Sunset Act).  Unless
   14-7  continued in existence as provided by that chapter, the board
   14-8  <committee> is abolished and this Act expires September 1, 2005
   14-9  <1993>.
  14-10        SECTION 2.  This Act takes effect September 1, 1993.
  14-11        SECTION 3.  The importance of this legislation and the
  14-12  crowded condition of the calendars in both houses create an
  14-13  emergency and an imperative public necessity that the
  14-14  constitutional rule requiring bills to be read on three several
  14-15  days in each house be suspended, and this rule is hereby suspended.
  14-16                               * * * * *
  14-17                                                         Austin,
  14-18  Texas
  14-19                                                         April 28, 1993
  14-20  Hon. Bob Bullock
  14-21  President of the Senate
  14-22  Sir:
  14-23  We, your Committee on Health and Human Services to which was
  14-24  referred S.B. No. 1077, have had the same under consideration, and
  14-25  I am instructed to report it back to the Senate with the
  14-26  recommendation that it do not pass, but that the Committee
  14-27  Substitute adopted in lieu thereof do pass and be printed.
  14-28                                                         Zaffirini,
  14-29  Chair
  14-30                               * * * * *
  14-31                               WITNESSES
  14-32                                                  FOR   AGAINST  ON
  14-33  ___________________________________________________________________
  14-34  Name:  Karol Rice                                x
  14-35  Representing:  Tx Speech Language Hearing
  14-36  City:  Austin
  14-37  -------------------------------------------------------------------
  14-38  Name:  Wanda Stewart                                           x
  14-39  Representing:  Tx Bd of Examiners Fitting
  14-40  City:  Austin
  14-41  -------------------------------------------------------------------
  14-42  Name:  Dorothy Cawthon                                         x
  14-43  Representing:  St Com of Examiners for Speec
  14-44  City:  Elgin
  14-45  -------------------------------------------------------------------
  14-46  Name:  Larry Higdon                              x
  14-47  Representing:  Tx Speech Language Hearing
  14-48  City:  Austin
  14-49  -------------------------------------------------------------------
  14-50  Name:  Betty Y. McDonald                         x
  14-51  Representing:  Self
  14-52  City:  Houston
  14-53  -------------------------------------------------------------------
  14-54  Name:  Dr. Jennifer Watson                       x
  14-55  Representing:  Tx Christian University
  14-56  City:  Fort Worth
  14-57  -------------------------------------------------------------------