By: Harris, Ike S.B. No. 1079
73R4040 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the fitting and dispensing of hearing
1-3 aids and speech-language pathology and audiology and to the
1-4 creation of a new state board to replace the State Committee of
1-5 Examiners for Speech Pathology and Audiology and the Texas Board of
1-6 Examiners in the Fitting and Dispensing of Hearing Aids.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. BOARD OF EXAMINERS FOR SPEECH
1-9 AND HEARING PROFESSIONALS
1-10 SECTION 1.01. Title 71, Revised Statutes, is amended by
1-11 adding Article 4566a to read as follows:
1-12 Art. 4566a. BOARD OF EXAMINERS FOR SPEECH AND HEARING
1-13 PROFESSIONALS
1-14 Sec. 1. BOARD OF EXAMINERS FOR SPEECH AND HEARING
1-15 PROFESSIONALS. (a) The Board of Examiners for Speech and Hearing
1-16 Professionals consists of:
1-17 (1) two members licensed as hearing aid fitters and
1-18 dispensers who are not licensed as audiologists or speech-language
1-19 pathologists;
1-20 (2) two members licensed as audiologists;
1-21 (3) two members licensed as speech-language
1-22 pathologists; and
1-23 (4) three members who represent the public.
1-24 (b) Members of the board are appointed by the governor with
2-1 the advice and consent of the senate.
2-2 (c) Appointments to the board shall be made without regard
2-3 to the race, color, disability, sex, religion, age, or national
2-4 origin of the appointees.
2-5 Sec. 2. OFFICERS; MEETINGS; COMPENSATION. (a) The board
2-6 annually shall select a presiding officer, assistant presiding
2-7 officer, and secretary-treasurer.
2-8 (b) The board shall hold at least two regular meetings each
2-9 year at which time an examination for a license under a law
2-10 administered by the board shall be offered. Additional meetings
2-11 may be held on the call of the presiding officer or at the written
2-12 request of three members of the board.
2-13 (c) A member of the board is entitled to a per diem as set
2-14 by the General Appropriations Act for each day that the member
2-15 engages in the business of the board. A member may not receive any
2-16 compensation for travel expenses, including expenses for meals and
2-17 lodging, other than transportation expenses as provided by the
2-18 General Appropriations Act.
2-19 Sec. 3. TERMS. (a) Members of the board are appointed for
2-20 staggered six-year terms, with three members' terms expiring on
2-21 February 1 of each odd-numbered year.
2-22 (b) A member appointed to fill a vacancy shall hold office
2-23 for the remainder of that term.
2-24 Sec. 4. PUBLIC MEMBERSHIP RESTRICTION. A person is not
2-25 eligible for appointment as a public member of the board if the
2-26 person or the person's spouse:
2-27 (1) is registered, certified, or licensed by an
3-1 occupational regulatory agency in the field of health services;
3-2 (2) is employed by or participates in the management
3-3 of a business entity or other organization regulated by the board
3-4 or receiving funds from the board;
3-5 (3) owns or controls, directly or indirectly, more
3-6 than 10 percent interest in a business entity or other organization
3-7 regulated by the board or receiving funds from the board; or
3-8 (4) uses or receives a substantial amount of tangible
3-9 goods, services, or funds from the board, other than compensation
3-10 or reimbursement authorized by law for board membership,
3-11 attendance, or expenses.
3-12 Sec. 5. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
3-13 employee, or paid consultant of a Texas trade association in the
3-14 field of health services may not be a member or employee of the
3-15 board who is exempt from the state's position classification plan
3-16 or is compensated at or above the amount prescribed by the General
3-17 Appropriations Act for step 1, salary group 17, of the position
3-18 classification salary schedule.
3-19 (b) A person who is the spouse of an officer, manager, or
3-20 paid consultant of a Texas trade association in the field of health
3-21 services may not be a board member and may not be an employee of
3-22 the board who is exempt from the state's position classification
3-23 plan or is compensated at or above the amount prescribed by the
3-24 General Appropriations Act for step 1, salary group 17, of the
3-25 position classification salary schedule.
3-26 (c) For the purposes of this section, a Texas trade
3-27 association is a nonprofit, cooperative, and voluntarily joined
4-1 association of business or professional competitors in this state
4-2 designed to assist its members and its industry or profession in
4-3 dealing with mutual business or professional problems and in
4-4 promoting their common interest.
4-5 Sec. 6. EFFECT OF LOBBYING ACTIVITY. A person may not serve
4-6 as a member of the board or act as the general counsel to the board
4-7 if the person is required to register as a lobbyist under Chapter
4-8 305, Government Code, and its subsequent amendments, because of the
4-9 person's activities for compensation on behalf of a profession
4-10 related to the operation of the board.
4-11 Sec. 7. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
4-12 for removal from the board if a member:
4-13 (1) does not have at the time of appointment the
4-14 qualifications required by Section 1 of this article;
4-15 (2) does not maintain during service on the board the
4-16 qualifications required by Section 1 of this article;
4-17 (3) violates a prohibition established by Section 4,
4-18 5, or 6 of this article;
4-19 (4) cannot discharge the member's term for a
4-20 substantial part of the term for which the member is appointed
4-21 because of illness or disability; or
4-22 (5) is absent from more than half of the regularly
4-23 scheduled board meetings that the member is eligible to attend
4-24 during a calendar year unless the absence is excused by majority
4-25 vote of the board.
4-26 (b) The validity of an action of the board is not affected
4-27 by the fact that it is taken when a ground for removal of a board
5-1 member exists.
5-2 (c) If the director has knowledge that a potential ground
5-3 for removal exists, the director shall notify the presiding officer
5-4 of the board of the ground. The presiding officer shall then
5-5 notify the governor that a potential ground for removal exists.
5-6 Sec. 8. STAFF. (a) The board shall employ a director and
5-7 administrative and clerical employees as necessary to carry out the
5-8 board's functions.
5-9 (b) The board shall develop and implement policies that
5-10 clearly define the respective responsibilities of the board and the
5-11 staff of the board.
5-12 Sec. 9. REGULATORY STATUTES ADMINISTERED. The board shall
5-13 administer and enforce:
5-14 (1) the speech-language and pathology law under
5-15 Chapter 381, Acts of the 68th Legislature, Regular Session, 1983
5-16 (Article 4512j, Vernon's Texas Civil Statutes), and its subsequent
5-17 amendments; and
5-18 (2) the law relating to the fitting and dispensing of
5-19 hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
5-20 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
5-21 Statutes), and its subsequent amendments.
5-22 Sec. 10. SEPARATE LICENSES. (a) The board shall issue
5-23 separate licenses for a hearing aid fitter and dispenser, an
5-24 audiologist, and a speech-language pathologist.
5-25 (b) The board may issue more than one type of license to a
5-26 person under a law regulated by the board if the person is
5-27 qualified to hold each of the licenses issued. The board shall
6-1 adopt rules relating to the issuance of multiple licenses to a
6-2 person under laws administered by the board.
6-3 Sec. 11. RULES. (a) The board may only adopt rules
6-4 proposed to the board by a rules subcommittee established under
6-5 Section 12 of this article. This provision controls
6-6 notwithstanding any conflicting provision of the speech-language
6-7 and pathology law under Chapter 381, Acts of the 68th Legislature,
6-8 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
6-9 Statutes), or the law relating to the fitting and dispensing of
6-10 hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
6-11 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
6-12 Statutes).
6-13 (b) If the board does not approve a rule proposed by a rules
6-14 subcommittee, the board shall indicate to the subcommittee the
6-15 reasons that the board did not approve the rule and return the rule
6-16 to the subcommittee for further development.
6-17 Sec. 12. RULES SUBCOMMITTEES. (a) Three rules
6-18 subcommittees, each consisting of three members of the board, are
6-19 established as follows:
6-20 (1) a rules subcommittee relating to the fitting and
6-21 dispensing of hearing aids consisting of the two board members who
6-22 are fitters and dispensers of hearing aids and one member who
6-23 represents the public;
6-24 (2) a rules subcommittee relating to audiology
6-25 consisting of the two audiologist members and one member who
6-26 represents the public; and
6-27 (3) a rules subcommittee relating to speech-language
7-1 pathology consisting of the two speech-language pathologist members
7-2 and one member who represents the public.
7-3 (b) A member of the board may not serve on more than one
7-4 rules subcommittee.
7-5 (c) The presiding officer of the board shall designate the
7-6 public members of each rules subcommittee.
7-7 (d) A rules subcommittee shall develop and recommend to the
7-8 board for approval rules that regulate the profession to which the
7-9 subcommittee relates. A rules subcommittee periodically shall
7-10 review board rules relating to the profession to which the
7-11 subcommittee relates and shall recommend changes in those rules to
7-12 the board. The authority of a rules subcommittee is not affected
7-13 by Section 5(f), Administrative Procedure and Texas Register Act
7-14 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
7-15 subsequent amendments.
7-16 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize,
7-17 from funds appropriated to it, all necessary disbursements to carry
7-18 out:
7-19 (1) this article;
7-20 (2) the speech-language and pathology law, Chapter
7-21 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
7-22 4512j, Vernon's Texas Civil Statutes), and its subsequent
7-23 amendments; and
7-24 (3) the law relating to the fitting and dispensing of
7-25 hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
7-26 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
7-27 Statutes), and its subsequent amendments.
8-1 (b) The financial transactions of the board are subject to
8-2 audit by the state auditor in accordance with Chapter 321,
8-3 Government Code, and its subsequent amendments.
8-4 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file
8-5 annually with the governor and the presiding officer of each house
8-6 of the legislature a complete and detailed written report
8-7 accounting for all funds received and disbursed by the board during
8-8 the preceding fiscal year. The annual report must be in the form
8-9 and reported in the time provided by the General Appropriations
8-10 Act.
8-11 Sec. 15. PERSONNEL POLICIES. (a) The director or the
8-12 director's designee shall develop an intra-agency career ladder
8-13 program. The program shall require intra-agency posting of all
8-14 nonentry level positions concurrently with any public posting.
8-15 (b) The director or the director's designee shall develop a
8-16 system of annual performance evaluations based on measurable job
8-17 tasks. All merit pay for board employees must be based on the
8-18 system established under this subsection.
8-19 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-20 director or the director's designee shall prepare and maintain a
8-21 written policy statement to assure implementation of a program of
8-22 equal employment opportunity under which all personnel transactions
8-23 are made without regard to race, color, disability, sex, religion,
8-24 age, or national origin. The policy statement must include:
8-25 (1) personnel policies, including policies relating to
8-26 recruitment, evaluation, selection, application, training, and
8-27 promotion of personnel that are in compliance with the Commission
9-1 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
9-2 and its subsequent amendments;
9-3 (2) a comprehensive analysis of the board workforce
9-4 that meets federal and state guidelines;
9-5 (3) procedures by which a determination can be made of
9-6 significant underuse in the board workforce of all persons for whom
9-7 federal or state guidelines encourage a more equitable balance; and
9-8 (4) reasonable methods to appropriately address those
9-9 areas of underuse.
9-10 (b) A policy statement prepared under Subsection (a) of this
9-11 section must cover an annual period, be updated annually, be
9-12 reviewed by the Commission on Human Rights for compliance with
9-13 Subsection (a)(1) of this section, and be filed with the governor's
9-14 office.
9-15 (c) The governor's office shall deliver a biennial report to
9-16 the legislature based on the information received under Subsection
9-17 (b) of this section. The report may be made separately or as part
9-18 of other biennial reports to the legislature.
9-19 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall
9-20 prepare information of public interest describing the functions of
9-21 the board and the board's procedures by which complaints are filed
9-22 with and resolved by the board. The board shall make the
9-23 information available to the public and appropriate state agencies.
9-24 (b) The board by rule shall establish methods by which
9-25 consumers and service recipients are notified of the name, mailing
9-26 address, and telephone number of the board for the purpose of
9-27 directing complaints to the board. The board may provide for that
10-1 notification:
10-2 (1) on each registration form, application, or written
10-3 contract for services of an individual or entity regulated by the
10-4 board;
10-5 (2) on a sign prominently displayed in the place of
10-6 business of each individual or entity regulated by the board; or
10-7 (3) in a bill for service provided by an individual or
10-8 entity regulated by the board.
10-9 (c) The board shall list along with its regular telephone
10-10 number the toll-free telephone number that may be called to present
10-11 a complaint about a health professional if the toll-free number is
10-12 established under other state law.
10-13 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
10-14 shall develop and implement policies that provide the public with a
10-15 reasonable opportunity to appear before the board and to speak on
10-16 any issue under the jurisdiction of the board.
10-17 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and
10-18 maintain a written plan that describes how a person who does not
10-19 speak English can be provided reasonable access to the board's
10-20 programs. The board shall also comply with federal and state laws
10-21 for program and facility accessibility.
10-22 Sec. 20. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
10-23 Each board member shall comply with the board member training
10-24 requirements established by any other state agency that is given
10-25 authority to establish the requirements for the board.
10-26 (b) The board shall provide to its members and employees, as
10-27 often as necessary, information regarding their qualifications for
11-1 office or employment under this article and their responsibilities
11-2 under applicable laws relating to standards of conduct for state
11-3 officers or employees.
11-4 Sec. 21. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
11-5 board is subject to:
11-6 (1) the open meetings law, Chapter 271, Acts of the
11-7 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
11-8 Texas Civil Statutes), and its subsequent amendments; and
11-9 (2) the Administrative Procedure and Texas Register
11-10 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
11-11 subsequent amendments.
11-12 Sec. 22. SUNSET PROVISION. The Board of Examiners for
11-13 Speech and Hearing Professionals is subject to Chapter 325,
11-14 Government Code (Texas Sunset Act), and its subsequent amendments.
11-15 Unless continued in existence as provided by that chapter, the
11-16 board is abolished and the following laws expire September 1, 2005:
11-17 (1) this article;
11-18 (2) the speech-language and pathology law, Chapter
11-19 381, Acts of the 68th Legislature, Regular Session, 1983 (Article
11-20 4512j, Vernon's Texas Civil Statutes); and
11-21 (3) the law relating to the fitting and dispensing of
11-22 hearing aids, Chapter 366, Acts of the 61st Legislature, Regular
11-23 Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas Civil
11-24 Statutes).
11-25 ARTICLE 2. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
11-26 SECTION 2.01. Section 2, Chapter 381, Acts of the 68th
11-27 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
12-1 Civil Statutes), is amended to read as follows:
12-2 Sec. 2. DEFINITIONS. In this Act:
12-3 (1) "Board" means the <Texas> Board of Examiners for
12-4 Speech and Hearing Professionals <Health>.
12-5 (2) <"Committee" means the State Committee of
12-6 Examiners for Speech-Language Pathology and Audiology.>
12-7 <(3) "Department" means the Texas Department of
12-8 Health.>
12-9 <(4)> "Person" means an individual, corporation,
12-10 partnership, or other legal entity.
12-11 (3) <(5)> "Speech-language pathologist" means an
12-12 individual who practices speech-language pathology, who makes a
12-13 nonmedical evaluation, who examines, counsels, or provides
12-14 habilitative or rehabilitative services for persons who have or are
12-15 suspected of having speech, voice, or language disorders, and who
12-16 meets the qualifications set forth in this Act.
12-17 (4) <(6)> "The practice of speech-language pathology"
12-18 means the application of nonmedical principles, methods, and
12-19 procedures for the measurement, testing, evaluation, prediction,
12-20 counseling, habilitation, rehabilitation, or instruction related to
12-21 the development and disorders of speech, voice, or language for the
12-22 purpose of rendering or offering to render an evaluation,
12-23 prevention, or modification of these disorders and conditions in
12-24 individuals or groups of individuals. Speech-language pathologists
12-25 may perform the basic audiometric screening tests and hearing
12-26 therapy procedures consistent with their training.
12-27 (5) <(7)> "Audiologist" means a person who practices
13-1 audiology, who makes a nonmedical evaluation, who examines,
13-2 counsels, or provides habilitative or rehabilitative services for
13-3 persons who have or are suspected of having a hearing disorder, and
13-4 who meets the qualifications set forth in this Act.
13-5 (6) <(8)> "The practice of audiology" means the
13-6 application of nonmedical principles, methods, and procedures for
13-7 the measurement, testing, appraisal, prediction, consultation,
13-8 counseling, habilitation, rehabilitation, or instruction related to
13-9 hearing and disorders of hearing and for the purpose of rendering
13-10 or offering to render services modifying communicative disorders
13-11 involving speech, language, auditory function, or other aberrant
13-12 behavior relating to hearing loss. An audiologist may engage in
13-13 any tasks, procedures, acts, or practices that are necessary (A)
13-14 for the evaluation of hearing; (B) for training in the use of
13-15 amplification including hearing aids; or (C) for the making of
13-16 earmolds for hearing aids. An audiologist may participate in
13-17 consultation regarding noise control and hearing conservation, may
13-18 provide evaluations of environment or equipment including
13-19 calibration of equipment used in testing auditory functioning and
13-20 hearing conservation, and may perform the basic speech and language
13-21 screening tests and procedures consistent with his or her training.
13-22 (7) <(9)> "Speech-language pathology aide" means a
13-23 person who meets minimum qualifications which the board <committee>
13-24 may establish for speech-language pathology aides and who works
13-25 under the direction of a licensed speech-language pathologist. The
13-26 qualifications for licensure as a speech-language pathology aide
13-27 shall be uniform and shall be less than those established by this
14-1 Act as necessary for licensure as a speech-language pathologist.
14-2 (8) <(10)> "Audiology aide" means a person who meets
14-3 minimum qualifications which the board <committee> may establish
14-4 for audiology aides and who works under the direction of a licensed
14-5 audiologist. The qualifications for licensure as an audiology aide
14-6 shall be uniform and shall be less than those established by this
14-7 Act as necessary for licensure as an audiologist.
14-8 SECTION 2.02. Section 5, Chapter 381, Acts of the 68th
14-9 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
14-10 Civil Statutes), is amended to read as follows:
14-11 Sec. 5. DUTIES AND POWERS OF THE BOARD <COMMITTEE>. (a)
14-12 The board <Subject to the approval of the board, the committee>
14-13 shall adopt rules necessary to administer and enforce this Act,
14-14 including rules that establish standards of ethical practice.
14-15 (b) The board <With the assistance of the department, the
14-16 committee> shall administer, coordinate, and enforce the provisions
14-17 of this Act; evaluate the qualifications of applicants; provide for
14-18 the examination of applicants; and issue subpoenas, examine
14-19 witnesses, and administer oaths under the laws of the State of
14-20 Texas.
14-21 (c) The board <With the assistance of the department and in
14-22 accordance with the Administrative Procedure and Texas Register
14-23 Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes),
14-24 the committee> shall <conduct hearings and> keep records and
14-25 minutes necessary to the orderly administration of this Act.
14-26 (d) The board <The committee with the aid of the department>
14-27 shall investigate persons engaging in practices that violate the
15-1 provisions of this Act.
15-2 (e) A person who holds a license to practice speech-language
15-3 pathology or audiology in this state is governed and controlled by
15-4 the rules adopted by the <committee and approved by the> board <of
15-5 health>.
15-6 (f) The conferral or enumeration of specific powers
15-7 elsewhere in this Act shall not be construed as a limitation of the
15-8 general powers conferred by this section.
15-9 <(g) The committee shall be represented by the attorney
15-10 general and the district and county attorneys of this state.>
15-11 <(h) The committee may appoint subcommittees to work under
15-12 its jurisdiction, subject to the approval of the board.>
15-13 SECTION 2.03. Sections 9(b) and (l), Chapter 381, Acts of
15-14 the 68th Legislature, Regular Session, 1983 (Article 4512j,
15-15 Vernon's Texas Civil Statutes), are amended to read as follows:
15-16 (b) This Act does not prevent or restrict the activities and
15-17 services and the use of an official title by persons holding a
15-18 valid and current certification in speech and hearing therapy from
15-19 the Central Education Agency if those persons perform
15-20 speech-language pathology or audiology services solely as a part of
15-21 their duties within an agency, institution, or organization under
15-22 the jurisdiction of the Central Education Agency. If persons
15-23 affected by this subsection perform work as a speech-language
15-24 pathologist or audiologist apart from their positions within an
15-25 agency, institution, or organization of the Central Education
15-26 Agency, they must have a license issued by the board <committee>,
15-27 except that a person affected by this subsection may perform speech
16-1 and hearing screening procedures without compensation without
16-2 having a license issued by the board <committee>.
16-3 (l) This Act does not prevent or restrict a person licensed
16-4 by the board <Texas Board of Examiners in the Fitting and
16-5 Dispensing of Hearing Aids> from engaging in the practice of
16-6 fitting and dispensing hearing aids.
16-7 SECTION 2.04. Section 10, Chapter 381, Acts of the 68th
16-8 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
16-9 Civil Statutes), is amended to read as follows:
16-10 Sec. 10. Qualification of Applicants for License; INTERN
16-11 LICENSE. (a) To be eligible for licensing as a speech-language
16-12 pathologist or audiologist, an applicant must:
16-13 (1) possess at least a master's degree with a major in
16-14 speech-language pathology or audiology from an accredited or
16-15 approved college or university;
16-16 (2) submit transcripts from one or more colleges or
16-17 universities showing successful completion of course work in
16-18 amounts set by the <committee with the approval of the> board in
16-19 the following areas:
16-20 (A) information about normal development and use
16-21 of speech, language, and hearing;
16-22 (B) information about evaluation, habilitation,
16-23 and rehabilitation of speech, language, and hearing disorders; and
16-24 (C) information pertaining to related fields
16-25 that augment the work of clinical practitioners of speech-language
16-26 pathology and audiology;
16-27 (3) have successfully completed at least 30 semester
17-1 hours in courses that are acceptable toward a graduate degree by
17-2 the college or university in which they are taken, at least 21 of
17-3 which are within the professional area for which the license is
17-4 requested and at least six of which are in audiology for the
17-5 applicant for a speech-language pathology license or in
17-6 speech-language pathology for the applicant for a license in
17-7 audiology;
17-8 (4) have completed a minimum of 300 clock hours of
17-9 supervised clinical experience with individuals who present a
17-10 variety of communication disorders, and this experience must have
17-11 been obtained within his or her training institution or in one of
17-12 its cooperating programs and under the supervision of a person
17-13 holding a valid license to practice speech-language pathology or
17-14 audiology, provided during the first year of this Act, the
17-15 supervision may be under a person who would have met the
17-16 qualifications for a license under this Act; and
17-17 (5) have obtained the equivalent of nine months of
17-18 full-time supervised professional experience in which bona fide
17-19 clinical work has been accomplished in the major professional area
17-20 for which the license is being sought, under the supervision of a
17-21 qualified person acceptable to the board <committee> pursuant to
17-22 guidelines approved by the board which experience must have begun
17-23 after completion of the academic and clinical experience required
17-24 by this section.
17-25 (b) An applicant who has completed the requirements for a
17-26 master's degree required for a license under this Act but who has
17-27 not had the degree officially conferred on the applicant may be
18-1 licensed as an intern under this Act if the applicant meets all
18-2 other requirements of Subsection (a) of this section. The board by
18-3 rule shall prescribe the terms by which an applicant may practice
18-4 under an intern's license under this subsection.
18-5 SECTION 2.05. Section 11, Chapter 381, Acts of the 68th
18-6 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
18-7 Civil Statutes), is amended to read as follows:
18-8 Sec. 11. Application for License. Each person desiring a
18-9 license under this Act shall make application to the board
18-10 <committee> on a form and in the manner the board <committee>
18-11 prescribes. The application shall be accompanied by the
18-12 application fee which may not be refunded by the board <committee>.
18-13 SECTION 2.06. Section 12, Chapter 381, Acts of the 68th
18-14 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
18-15 Civil Statutes), is amended to read as follows:
18-16 Sec. 12. Examination. (a) Each applicant shall be examined
18-17 by the board <committee> and shall pay to the board <committee>, at
18-18 least 30 days prior to the date of examination, a nonrefundable
18-19 examination fee prescribed by the board <committee>. The
18-20 examination shall be given at least twice each year at a time and
18-21 place established by and under the supervision of the board
18-22 <committee>.
18-23 (b) The board by rule may establish procedures for the
18-24 administration of the examination. The board <committee> may
18-25 examine by written or oral examination or by both. The board shall
18-26 have the written portion of the examination, if any, validated by
18-27 an independent testing professional. The board <committee> shall
19-1 maintain a record of all examination scores for at least two years
19-2 after the date of examination.
19-3 (c) Standards for acceptable performance shall be determined
19-4 by the board <committee>.
19-5 (d) The board <committee> may examine in whatever
19-6 theoretical or applied fields of speech-language pathology or
19-7 audiology it deems appropriate. It may examine the candidates with
19-8 regard to their professional skills and their judgment in the
19-9 utilization of speech-language pathology or audiology techniques or
19-10 methods.
19-11 (e) Persons who fail the examination may be examined at a
19-12 subsequent time if they pay another nonrefundable examination fee.
19-13 No applicant who has taken and failed to pass two examinations may
19-14 take the examination until the person has submitted a new
19-15 application together with a nonrefundable application fee and
19-16 presented evidence to the board <committee> of additional study in
19-17 the area for which licensure is sought. If requested in writing by
19-18 a person who fails a licensing examination administered under this
19-19 Act, the board shall furnish the person with an analysis of the
19-20 person's performance on the examination.
19-21 (f) Not later than the 30th day after the date on which a
19-22 licensing examination is administered under this Act, the board
19-23 shall notify each examinee of the results of the examination.
19-24 However, if an examination is graded or reviewed by a national
19-25 testing service, the board shall notify examinees of the results of
19-26 the examination not later than the 14th day after the date on which
19-27 the board receives the results from the testing service. If the
20-1 notice of examination results graded or reviewed by a national
20-2 testing service will be delayed for longer than 90 days after the
20-3 examination date, the board shall notify the examinee of the reason
20-4 for the delay before the 90th day. <The committee may waive the
20-5 examination for applicants who:>
20-6 <(1) present proof of current licensure in another
20-7 state, including the District of Columbia, or territory of the
20-8 United States which maintains professional standards considered by
20-9 the committee to be equivalent to those set forth in this Act; or>
20-10 <(2) hold the Certificate of Clinical Competence of
20-11 the American Speech-Language Hearing Association in the area for
20-12 which a license is being sought.>
20-13 SECTION 2.07. The heading of Section 13, Chapter 381, Acts
20-14 of the 68th Legislature, Regular Session, 1983 (Article 4512j,
20-15 Vernon's Texas Civil Statutes), is amended to read as follows:
20-16 Sec. 13. PRIOR LICENSING UNDER SPECIAL CONDITIONS.
20-17 SECTION 2.08. Sections 13(a) and (b), Chapter 381, Acts of
20-18 the 68th Legislature, Regular Session, 1983 (Article 4512j,
20-19 Vernon's Texas Civil Statutes), are amended to read as follows:
20-20 (a) On <The committee on> request the <must waive>
20-21 educational, professional experience, and examination requirements
20-22 for licensure in speech-language pathology were waived for
20-23 applicants who held <hold> a baccalaureate or graduate degree, were
20-24 <are> fully certified by the Central Education Agency in speech and
20-25 hearing therapy or <in the judgment of the committee have> met
20-26 equivalent requirements, and within two years prior to the
20-27 effective date of this Act were engaged in the practice of speech
21-1 pathology on proof of bona fide practice of speech pathology,
21-2 presented <to the committee> in the manner prescribed by rule <the
21-3 committee's rules>, provided they filed <file> an application for
21-4 licensure <with the committee or the board of health> before
21-5 January 1, 1986. Such licenses <shall be issued without delay and>
21-6 shall be renewed in the same manner as licenses granted under other
21-7 provisions of this Act.
21-8 (b) On <The committee on> request the <shall waive>
21-9 educational and professional experience requirements for a license
21-10 in audiology were waived for an applicant who, on the effective
21-11 date of this Act, held <holds> a graduate degree from an accredited
21-12 institution of higher education with a major in speech-language
21-13 pathology or audiology, and was <has been> continuously engaged in
21-14 the practice of audiology for ten years immediately preceding the
21-15 effective date of this Act, provided the applicant filed <files> an
21-16 application for licensure <with the committee> on or before January
21-17 1, 1986. Such an applicant must have passed <pass> the licensing
21-18 examination under Section 12 of this Act not later than August 31,
21-19 1986.
21-20 SECTION 2.09. Chapter 381, Acts of the 68th Legislature,
21-21 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
21-22 Statutes), is amended by adding Section 13A and by amending and
21-23 redesignating Sections 13(c) and (d) as Sections 13A(a) and (e) to
21-24 read as follows:
21-25 Sec. 13A. PROVISIONAL LICENSE; OTHER LICENSE WITHOUT
21-26 EXAMINATION. (a) <(c)> The board <committee> may <waive the
21-27 examination and> grant a provisional license <licensure> to an
22-1 applicant who presents proof of current licensure in another state,
22-2 including the District of Columbia, or territory of the United
22-3 States which maintains professional standards considered by the
22-4 board <committee> to be equivalent to those set forth in this Act.
22-5 An applicant for a provisional license under this section must:
22-6 (1) be licensed in good standing as a speech-language
22-7 pathologist or an audiologist in another state, the District of
22-8 Columbia, or a territory of the United States that has licensing
22-9 requirements that are substantially equivalent to the requirements
22-10 of this Act;
22-11 (2) have passed a national or other examination
22-12 recognized by the board relating to speech-language pathology or
22-13 audiology; and
22-14 (3) be sponsored by a person licensed by the board
22-15 under this Act with whom the provisional license holder may
22-16 practice under this section.
22-17 (b) An applicant for a provisional license may be excused
22-18 from the requirement of Subsection (a)(3) of this section if the
22-19 board determines that compliance with that subsection constitutes a
22-20 hardship to the applicant.
22-21 (c) A provisional license is valid until the date the board
22-22 approves or denies the provisional license holder's application for
22-23 a license. The board shall issue a license under this Act to the
22-24 holder of a provisional license under this section if:
22-25 (1) the provisional license holder passes the
22-26 examination required by Section 12 of this Act;
22-27 (2) the board verifies that the provisional license
23-1 holder has the academic and experience requirements for a license
23-2 under this Act; and
23-3 (3) the provisional license holder satisfies any other
23-4 license requirements under this Act.
23-5 (d) The board must complete the processing of a provisional
23-6 license holder's application for a license not later than the 180th
23-7 day after the date the provisional license is issued.
23-8 (e) <(d)> The board <committee> may waive the examination
23-9 and grant licensure to an applicant who holds the Certificate of
23-10 Clinical Competence of the American Speech-Language Hearing
23-11 Association or has met equivalent requirements in the area for
23-12 which a license is sought.
23-13 SECTION 2.10. Sections 14(a), (c), and (d), Chapter 381,
23-14 Acts of the 68th Legislature, Regular Session, 1983 (Article 4512j,
23-15 Vernon's Texas Civil Statutes), are amended to read as follows:
23-16 (a) The board <committee> shall issue a license to an
23-17 applicant who meets the requirements of this Act and who pays to
23-18 the board <committee> the initial nonrefundable license fee.
23-19 (c) On receiving an application provided for under
23-20 Subsection (b) of this section accompanied by the nonrefundable
23-21 application fee, the board <committee> shall issue a temporary
23-22 certificate of registration which entitles the applicant to
23-23 practice audiology or speech-language pathology for a period ending
23-24 eight weeks after the conclusion of the next examination given
23-25 after the date of issue.
23-26 (d) The board by rule may adopt a system under which
23-27 licenses expire on various dates during the year. For the year in
24-1 which the license expiration date is changed, license fees payable
24-2 on the original expiration date shall be prorated on a monthly
24-3 basis so that each licensee shall pay only that portion of the
24-4 license fee that is allocable to the number of months during which
24-5 the license is valid. On renewal of the license on the new
24-6 expiration date, the total license renewal fee is payable <All
24-7 licenses expire and become invalid one year from the date of
24-8 issuance if not renewed>.
24-9 SECTION 2.11. Chapter 381, Acts of the 68th Legislature,
24-10 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
24-11 Statutes), is amended by adding Section 14A to read as follows:
24-12 Sec. 14A. TEMPORARY LICENSE; INACTIVE STATUS. (a) The
24-13 board by rule may provide for the issuance of a temporary license.
24-14 (b) The board by rule may provide for a person who holds a
24-15 license under this Act to be placed on inactive status. Rules
24-16 adopted under this section shall include a time limit for a license
24-17 holder to remain on inactive status.
24-18 SECTION 2.12. Section 15, Chapter 381, Acts of the 68th
24-19 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
24-20 Civil Statutes), is amended to read as follows:
24-21 Sec. 15. Renewal of License. (a) A person may renew an
24-22 unexpired license by paying to the board before the expiration of
24-23 the license the required renewal fee.
24-24 (b) If a person's license has been expired for 90 days or
24-25 less, the person may renew the license by paying to the board the
24-26 required renewal fee and a fee that is one-half of the examination
24-27 fee for the license.
25-1 (c) If a person's license has been expired for longer than
25-2 90 days but less than one year, the person may renew the license by
25-3 paying to the board all unpaid renewal fees and a fee that is equal
25-4 to the examination fee for the license <Each licensed
25-5 speech-language pathologist or audiologist shall annually pay the
25-6 nonrefundable renewal fee for a renewal of his license. A 60-day
25-7 grace period shall be allowed. After expiration of the grace
25-8 period, the committee may renew each license after payment of a
25-9 penalty set by the rules. No person who applies for renewal within
25-10 two years after the date of expiration of the license may be
25-11 required to submit to an examination as a condition to renewal>.
25-12 (d) If a person's <(b) Persons who fail to renew their>
25-13 license has been expired for one year or longer, the person <within
25-14 two years after the date of its expiration> may not renew the
25-15 license <it, and it may not be restored, reissued, or reinstated
25-16 thereafter, but those persons may apply for and obtain a new
25-17 license if they meet the requirements of this Act>. The person may
25-18 obtain a new license by submitting to reexamination and complying
25-19 with the requirements and procedures for obtaining an original
25-20 license. However, the board may renew without reexamination an
25-21 expired license of a person who was licensed in this state, moved
25-22 to another state, and is currently licensed and has been in
25-23 practice in the other state for the two years preceding
25-24 application. The person must pay to the board a fee that is equal
25-25 to the examination fee for the license.
25-26 (e) At least 30 days before the expiration of a person's
25-27 license, the board shall send written notice of the impending
26-1 license expiration to the person at the licensee's last known
26-2 address according to the records of the board.
26-3 (f) The board by rule shall establish a minimum number of
26-4 hours of continuing education required to renew a license under
26-5 this Act. The board may assess the continuing education needs of
26-6 license holders and may require license holders to attend
26-7 continuing education courses specified by the board. The board by
26-8 rule shall develop a process to evaluate and approve continuing
26-9 education courses.
26-10 (g) The board shall identify the key factors for the
26-11 competent performance by a license holder of the license holder's
26-12 professional duties. The board shall adopt a procedure to assess a
26-13 license holder's participation in continuing education programs.
26-14 <(c) Within three years of the effective date of this Act,
26-15 renewal of a license is contingent on the applicant's meeting
26-16 uniform continuing education requirements established by the
26-17 committee. These continuing education requirements must be of such
26-18 a nature that they can be met without necessitating an extended
26-19 absence from the licensee's county of residence. Notice of
26-20 continuing education requirements shall be sent to all persons
26-21 licensed under this Act at least 12 months prior to the time that
26-22 the person's license renewal is dependent on completion of the
26-23 requirements. Continuing education requirements shall be sent to
26-24 new applicants with the forms on which they are to apply for
26-25 licensure. Notification or changes in continuing education
26-26 requirements shall be sent to persons licensed under this Act at
26-27 least one year prior to the date on which the new requirements
27-1 become effective.>
27-2 (h) <(d)> A suspended license is subject to expiration and
27-3 may be renewed as provided in this Act, but the renewal does not
27-4 entitle the licensee, while the license remains suspended and until
27-5 it is reinstated, to engage in the licensed activity or in any
27-6 other activity or conduct in violation of the order or judgment by
27-7 which the license was suspended. A license revoked on disciplinary
27-8 grounds is subject to expiration as provided in this Act, but it
27-9 may not be renewed. If it is reinstated after its expiration, the
27-10 licensee as a condition of reinstatement shall pay a reinstatement
27-11 fee in an amount equal to the renewal fee in effect on the last
27-12 preceding regular renewal date before the date on which it is
27-13 reinstated, plus the delinquency fee, if any, accrued at the time
27-14 of the license revocation.
27-15 SECTION 2.13. Section 16, Chapter 381, Acts of the 68th
27-16 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
27-17 Civil Statutes), is amended to read as follows:
27-18 Sec. 16. Fees. <The amount of fees initially prescribed in
27-19 connection with a license as a speech-language pathologist or
27-20 audiologist may not exceed the following:>
27-21 <(1) application fee: $75>
27-22 <(2) examination fee: $50>
27-23 <(3) initial license fee: $75>
27-24 <(4) license renewal fee: $75>
27-25 <(5) delinquency fee: $50>
27-26 <(6) temporary license fee: $25>
27-27 <(7) duplicate license fee: $10>
28-1 The board <committee> by rule shall establish reasonable and
28-2 necessary fees so that the fees, in the aggregate, produce
28-3 sufficient revenue to cover the cost of administering this Act.
28-4 The<, and such> fees set by the board may <shall> be adjusted so
28-5 that the total fees collected shall be sufficient to meet the
28-6 expenses of administering this Act <and so that unnecessary
28-7 surpluses in the fund provided for in Section 20 of this Act are
28-8 avoided>. The board may not set a fee for an amount less than the
28-9 amount of that fee on September 1, 1993.
28-10 SECTION 2.14. Section 17, Chapter 381, Acts of the 68th
28-11 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
28-12 Civil Statutes), is amended to read as follows:
28-13 Sec. 17. DENIAL, SUSPENSION, AND REVOCATION. (a) The board
28-14 <committee> may refuse to issue a license to an applicant or may
28-15 suspend or revoke the license of any licensee for any of the
28-16 following causes:
28-17 (1) obtaining a license by means of fraud,
28-18 misrepresentation, or concealment of material facts;
28-19 (2) selling, bartering, or offering to sell or barter
28-20 a license or certificate of registration;
28-21 (3) unprofessional conduct that has endangered or is
28-22 likely to endanger the health, welfare, or safety of the public as
28-23 defined by the rules established by the board <committee> or
28-24 violation of the code of ethics adopted and published by the board
28-25 <committee>;
28-26 (4) violating any lawful order or rule rendered or
28-27 adopted by the board <committee>; or
29-1 (5) violating any provisions of this Act.
29-2 (b) The board <committee> shall deny an application for or
29-3 suspend or revoke or impose probationary conditions on a license as
29-4 ordered by the board <committee> in any decision made after hearing
29-5 as provided in this Act. One year from the date of revocation of a
29-6 license under this Act, application may be made to the board
29-7 <committee> for reinstatement. The board <committee> shall have
29-8 discretion to accept or reject an application for reinstatement and
29-9 may require an examination for the reinstatement.
29-10 (c) A plea or verdict of guilty or a conviction following a
29-11 plea of nolo contendere made to a charge of a felony or of an
29-12 offense involving moral turpitude is deemed to be a conviction
29-13 within the meaning of this Act. At the direction of the board
29-14 <committee> the license may be suspended or revoked or the board
29-15 <committee> may decline to issue a license when the time for appeal
29-16 of the conviction has elapsed or the judgment or conviction has
29-17 been affirmed on appeal, or when an order granting probation is
29-18 made suspending the imposition of sentence irrespective of a
29-19 subsequent order allowing a person to withdraw his or her plea of
29-20 guilty, or setting aside the verdict of guilty, or dismissing the
29-21 information or indictment.
29-22 (d) In addition to the other disciplinary actions authorized
29-23 by this section, the board may issue a written reprimand to a
29-24 license holder who violates this Act or require that a license
29-25 holder who violates this Act participate in continuing education
29-26 programs. The board shall specify the continuing education
29-27 programs that may be attended and the number of hours that must be
30-1 completed by an individual license holder to fulfill the
30-2 requirements of this subsection.
30-3 (e) If a license suspension is probated, the board may
30-4 require the license holder to:
30-5 (1) report regularly to the board on matters that are
30-6 the basis of the probation;
30-7 (2) limit practice to the areas prescribed by the
30-8 board; or
30-9 (3) continue or review continuing professional
30-10 education until the license holder attains a degree of skill
30-11 satisfactory to the board in those areas that are the basis of the
30-12 probation.
30-13 (f) The schedule of sanctions adopted by the board by rule
30-14 shall be used by the State Office of Administrative Hearings for
30-15 any sanction imposed as the result of a hearing conducted by that
30-16 office.
30-17 SECTION 2.15. Section 18(b), Chapter 381, Acts of the 68th
30-18 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
30-19 Civil Statutes), is amended to read as follows:
30-20 (b) If a person other than a licensed speech-language
30-21 pathologist or audiologist has engaged in any act or practice which
30-22 constitutes an offense under this Act, a district court of any
30-23 county on application of the board <committee> may issue an
30-24 injunction or other appropriate order restraining such conduct.
30-25 SECTION 2.16. Section 19, Chapter 381, Acts of the 68th
30-26 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
30-27 Civil Statutes), is amended to read as follows:
31-1 Sec. 19. Procedures for Denial, Revocation, or Suspension of
31-2 a License. (a) A person whose application for a license is denied
31-3 is entitled to a hearing before the State Office of Administrative
31-4 Hearings <committee> if such person submits a written request to
31-5 the board <committee>.
31-6 (b) Proceedings for revocation or suspension of a license
31-7 shall be commenced by filing charges with the board <committee> in
31-8 writing and under oath. The charges may be made by any person or
31-9 persons.
31-10 (c) <The chairperson of the committee shall fix a time and
31-11 place for a hearing and shall cause a written copy of the charges
31-12 or reason for denial of a license, together with a notice of the
31-13 time and place fixed for the hearing, to be served on the applicant
31-14 requesting the hearing or the licensee against whom the charges
31-15 have been filed at least 20 days prior to the date set for the
31-16 hearing. Service of charges and notice of hearing may be given by
31-17 certified mail to the last known address of the licensee or
31-18 applicant.>
31-19 <(d) At the hearing the applicant or licensee has the right
31-20 to appear either personally or by counsel or both, to produce
31-21 witnesses, to have subpoenas issued by the committee, and to
31-22 cross-examine opposing or adverse witnesses.>
31-23 <(e)> The board <committee> shall <determine the charges on
31-24 their merits and> enter an order in a permanent record setting
31-25 forth the findings of fact and law and the action taken by the
31-26 State Office of Administrative Hearings. A copy of the order <of
31-27 the committee> shall be mailed to the applicant or licensee at his
32-1 or her last known address by certified mail.
32-2 (d) <(f)> An individual whose application for a license has
32-3 been refused or whose license has been cancelled, revoked, or
32-4 suspended by the board <committee> may take an appeal, within 20
32-5 days after the order is entered by the State Office of
32-6 Administrative Hearings, to any district court of Travis County or
32-7 to any district court of the county of his or her residence.
32-8 (e) <(g)> In all appeals prosecuted in any of the courts of
32-9 this state pursuant to the provisions of this Act, such trials
32-10 shall be de novo as that term is used and understood in appeals
32-11 from justice of the peace courts. Under no circumstances shall the
32-12 substantial evidence rule as interpreted and applied by the courts
32-13 in Texas in other cases ever be used or applied to appeals
32-14 prosecuted under the provisions of this Act.
32-15 (f) <(h)> All proceedings under this Act shall conform to
32-16 the requirements of the Administrative Procedure and Texas Register
32-17 Act, as amended (Article 6252-13a <6252-13g>, Vernon's Texas Civil
32-18 Statutes), except as modified by this section.
32-19 SECTION 2.17. Section 20, Chapter 381, Acts of the 68th
32-20 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
32-21 Civil Statutes), is amended to read as follows:
32-22 Sec. 20. DISPOSITION OF FUNDS RECEIVED. (a) All funds
32-23 received by the board <committee> under this Act shall be deposited
32-24 in accordance with applicable state law in the State Treasury in a
32-25 separate fund to be known as the speech-language pathology and
32-26 audiology fund and be appropriated to the board <Texas Department
32-27 of Health> solely for administration of this Act.
33-1 (b) All <After August 31, 1984, all> expenses for the
33-2 administration of the Act shall be paid from fees collected by the
33-3 board <committee> under this Act.
33-4 <(c) There is hereby appropriated $80,000 to the
33-5 speech-language pathology and audiology fund for the implementation
33-6 of this Act, said funds coming from the General Revenue Fund for
33-7 the first year provided that the first $80,000 of application and
33-8 license fees shall be returned to the General Revenue Fund as they
33-9 are received.>
33-10 SECTION 2.18. Chapter 381, Acts of the 68th Legislature,
33-11 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
33-12 Statutes), is amended by adding Section 23 to read as follows:
33-13 Sec. 23. COMPLAINT PROCEDURE IN GENERAL. (a) The board
33-14 shall keep an information file about each complaint filed with the
33-15 board. The board's information file shall be kept current and
33-16 contain a record for each complaint of:
33-17 (1) all persons contacted in relation to the
33-18 complaint;
33-19 (2) a summary of findings made at each step of the
33-20 complaint process;
33-21 (3) an explanation of the legal basis and reason for a
33-22 complaint that is dismissed; and
33-23 (4) other relevant information.
33-24 (b) If a written complaint is filed with the board that the
33-25 board has authority to resolve, the board, at least as frequently
33-26 as quarterly and until final disposition of the complaint, shall
33-27 notify the parties to the complaint of the status of the complaint
34-1 unless the notice would jeopardize an undercover investigation.
34-2 (c) The board by rule shall adopt a form to standardize
34-3 information concerning complaints made to the board. The board by
34-4 rule shall prescribe information to be provided to a person when
34-5 the person files a complaint with the board.
34-6 (d) The board shall provide reasonable assistance to a
34-7 person who wishes to file a complaint with the board.
34-8 SECTION 2.19. Chapter 381, Acts of the 68th Legislature,
34-9 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
34-10 Statutes), is amended by adding Sections 24 and 25 to read as
34-11 follows:
34-12 Sec. 24. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
34-13 board shall adopt rules concerning the investigation of a complaint
34-14 filed with the board. The rules adopted under this subsection
34-15 shall:
34-16 (1) distinguish between categories of complaints;
34-17 (2) ensure that complaints are not dismissed without
34-18 appropriate consideration;
34-19 (3) require that the board be advised of a complaint
34-20 that is dismissed and that a letter be sent to the person who filed
34-21 the complaint explaining the action taken on the dismissed
34-22 complaint;
34-23 (4) ensure that the person who filed the complaint has
34-24 an opportunity to explain the allegations made in the complaint;
34-25 and
34-26 (5) prescribe guidelines concerning the categories of
34-27 complaints that require the use of a private investigator and the
35-1 procedures for the board to obtain the services of a private
35-2 investigator.
35-3 (b) The board shall dispose of all complaints in a timely
35-4 manner. The board shall establish a schedule for conducting each
35-5 phase of a complaint that is under the control of the board not
35-6 later than the 30th day after the date the complaint is received by
35-7 the board. The schedule shall be kept in the information file for
35-8 the complaint and all parties shall be notified of the projected
35-9 time requirements for pursuing the complaint. A change in the
35-10 schedule must be noted in the complaint information file and all
35-11 parties to the complaint must be notified not later than the
35-12 seventh day after the date the change is made.
35-13 (c) The director of the board shall notify the board of a
35-14 complaint that extends beyond the time prescribed by the board for
35-15 resolving the complaint so that the board may take necessary action
35-16 on the complaint.
35-17 Sec. 25. INFORMAL PROCEEDINGS. (a) The board by rule shall
35-18 adopt procedures governing:
35-19 (1) informal disposition of a contested case under
35-20 Section 13(e), Administrative Procedure and Texas Register Act
35-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-22 subsequent amendments; and
35-23 (2) informal proceedings held in compliance with
35-24 Section 18(c), Administrative Procedure and Texas Register Act
35-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-26 subsequent amendments.
35-27 (b) Rules adopted under this section must provide the
36-1 complainant and the licensee an opportunity to be heard and must
36-2 require the presence of a representative of the office of the
36-3 attorney general to advise the board or board's employees.
36-4 SECTION 2.20. Chapter 381, Acts of the 68th Legislature,
36-5 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
36-6 Statutes), is amended by adding Section 25 to read as follows:
36-7 Sec. 25. MONITORING OF LICENSE HOLDER. The board by rule
36-8 shall develop a system for monitoring license holders' compliance
36-9 with the requirements of this Act. Rules adopted under this
36-10 section shall include procedures for monitoring a license holder
36-11 who is ordered by the board to perform certain acts to ascertain
36-12 that the license holder performs the required acts and to identify
36-13 and monitor license holders who represent a risk to the public.
36-14 SECTION 2.21. Chapter 381, Acts of the 68th Legislature,
36-15 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
36-16 Statutes), is amended by adding Section 26 to read as follows:
36-17 Sec. 26. COMPETITIVE BIDDING; ADVERTISING. (a) The board
36-18 may not adopt rules restricting competitive bidding or advertising
36-19 by a person regulated by the board except to prohibit false,
36-20 misleading, or deceptive practices by the person.
36-21 (b) The board may not include in its rules to prohibit
36-22 false, misleading, or deceptive practices by a person regulated by
36-23 the board a rule that:
36-24 (1) restricts the use of any medium for advertising;
36-25 (2) restricts the person's personal appearance or use
36-26 of the person's voice in an advertisement;
36-27 (3) relates to the size or duration of an
37-1 advertisement by the person; or
37-2 (4) restricts the person's advertisement under a trade
37-3 name.
37-4 ARTICLE 3. FITTERS AND DISPENSERS OF HEARING AIDS
37-5 SECTION 3.01. Section 1(a), Chapter 366, Acts of the 61st
37-6 Legislature, Regular Session, 1969 (Article 4566-1.01, Vernon's
37-7 Texas Civil Statutes), is amended to read as follows:
37-8 (a) "Board" means the <Texas> Board of Examiners for Speech
37-9 <in the Fitting> and <Dispensing of> Hearing Professionals <Aids>.
37-10 SECTION 3.02. Sections 4(b)-(i), Chapter 366, Acts of the
37-11 61st Legislature, Regular Session, 1969 (Article 4566-1.04,
37-12 Vernon's Texas Civil Statutes), are amended to read as follows:
37-13 (b) <The Board shall have the power to appoint committees
37-14 from its own membership, the duties of which shall be to consider
37-15 such matters, pertaining to the enforcement of this Act, as shall
37-16 be referred to said committees, and they shall make recommendations
37-17 to the Board in respect thereto.>
37-18 <(c) The Board shall have the power to employ the services
37-19 of stenographers, inspectors, agents, attorneys, and other
37-20 necessary assistants in carrying out the provisions of this Act.>
37-21 <(d)> The Board, by majority vote, shall have the power to
37-22 issue subpoenas and subpoenas duces tecum to compel the attendance
37-23 of witnesses and the production of books, records and documents, to
37-24 administer oaths and to take testimony concerning all matters
37-25 within its jurisdiction under this Act.
37-26 (c) <(e)> The Board shall have the right to institute an
37-27 action in its own name to enjoin the violation of any of the
38-1 provisions of this Act. Said action for injunction shall be in
38-2 addition to any other action, proceeding or remedy authorized by
38-3 law.
38-4 (d) <(f)> The Board is charged with the duty of aiding in
38-5 the enforcement of this Act, and any member of the Board may
38-6 present to the Attorney General or a County or District Attorney of
38-7 this state complaints relating to violations of any provision of
38-8 this Act; and the Board through the members, officers, counsel, and
38-9 agents may assist in the trial of any case involving alleged
38-10 violations of this Act, subject to the control of the Attorney
38-11 General, County Attorney, or District Attorney charged with the
38-12 responsibility of prosecuting such case.
38-13 <(g) Before entering upon the discharge of the duties of
38-14 such office, the Secretary-Treasurer of the Board shall give such
38-15 bond for the performance of this duty as the Board may require, the
38-16 premium of such bond is to be paid from any available funds.>
38-17 <(h) The Board shall adopt an official seal and the form of
38-18 a license of suitable design and shall have an office where all the
38-19 permanent records shall be kept.>
38-20 (e) <(i)> The Board by rule shall adopt requirements for
38-21 mandatory <the> continuing education for <of> licensees under this
38-22 Act in subjects pertaining to the fitting and dispensing of hearing
38-23 aids. The Board by rule shall establish a minimum number of hours
38-24 of continuing education required to renew a license. The Board may
38-25 assess the continuing education needs of license holders and may
38-26 require license holders to attend continuing education courses
38-27 specified by the Board. The Board by rule shall develop a process
39-1 to evaluate and approve continuing education courses <may approve
39-2 specific courses of instruction or establish minimum content
39-3 requirements of courses of continuing professional education and
39-4 provide programs for continuing education>.
39-5 (f) The Board shall identify the key factors for the
39-6 competent performance by a license holder of the license holder's
39-7 professional duties. The Board shall adopt a procedure to assess a
39-8 license holder's participation and performance in continuing
39-9 education programs.
39-10 SECTION 3.03. Sections 6(a) and (c), Chapter 366, Acts of
39-11 the 61st Legislature, Regular Session, 1969 (Article 4566-1.06,
39-12 Vernon's Texas Civil Statutes), are amended to read as follows:
39-13 (a) Every person desiring to engage in fitting and
39-14 dispensing hearing aids in the State of Texas shall be required to
39-15 pass an examination given by the <Texas> Board <of Examiners in the
39-16 Fitting and Dispensing of Hearing Aids>.
39-17 (c) The examination shall consist of written, oral or
39-18 practical tests that shall be objective in method and applied in a
39-19 consistent manner. The Board shall have the written portion of the
39-20 examination validated by an independent testing professional. The
39-21 examination shall cover the following areas as they relate to the
39-22 fitting and dispensing of hearing aids:
39-23 (1) Basic physics of sound;
39-24 (2) The structure and function of hearing aids;
39-25 (3) Fitting of hearing aids;
39-26 (4) Pure tone audiometry, including air conduction
39-27 testing and bone conduction testing;
40-1 (5) Live voice and/or record voice speech audiometry;
40-2 (6) Masking when indicated;
40-3 (7) Recording and evaluation of audiograms and speech
40-4 audiometry to determine the hearing aid candidacy;
40-5 (8) Selection and adaption of hearing aids and testing
40-6 of hearing aids; and
40-7 (9) Taking of earmold impressions.
40-8 SECTION 3.04. Section 8, Chapter 366, Acts of the 61st
40-9 Legislature, Regular Session, 1969 (Article 4566-1.08, Vernon's
40-10 Texas Civil Statutes), is amended to read as follows:
40-11 Sec. 8. PROVISIONAL LICENSES <RECIPROCAL ARRANGEMENTS>. (a)
40-12 On <Upon proper> application, the <Texas> Board <of Examiners in
40-13 Fitting and Dispensing of Hearing Aids> shall grant a provisional
40-14 license to fit and dispense hearing aids <without requiring an
40-15 examination to licentiates of other states or territories having
40-16 requirements equivalent to or higher than those in effect pursuant
40-17 to this Act for fitting and dispensing hearing aids>. An applicant
40-18 for a provisional license under this section must:
40-19 (1) be licensed in good standing as a fitter and
40-20 dispenser of hearing aids in another state, the District of
40-21 Columbia, or a territory of the United States that has licensing
40-22 requirements that are substantially equivalent to the requirements
40-23 of this Act;
40-24 (2) have passed a national or other examination
40-25 recognized by the Board relating to the fitting and dispensing of
40-26 hearing aids; and
40-27 (3) be sponsored by a person licensed by the Board
41-1 under this Act with whom the provisional license holder may
41-2 practice under this section.
41-3 (b) An applicant for a provisional license may be excused
41-4 from the requirement of Subsection (a)(3) of this section if the
41-5 Board determines that compliance with that subsection constitutes a
41-6 hardship to the applicant.
41-7 (c) A provisional license is valid until the date the Board
41-8 approves or denies the provisional license holder's application for
41-9 a license. The Board shall issue a license under this Act to the
41-10 holder of a provisional license under this section if:
41-11 (1) the provisional license holder passes the
41-12 examination required by Section 6 of this Act;
41-13 (2) the Board verifies that the provisional license
41-14 holder has the academic and experience requirements for a license
41-15 under this Act; and
41-16 (3) the provisional license holder satisfies any other
41-17 license requirements under this Act.
41-18 (d) The Board must complete the processing of a provisional
41-19 license holder's application for a license not later than the 180th
41-20 day after the date the provisional license is issued.
41-21 <(b) Applications for license under the provisions of this
41-22 section shall be in writing and upon a form prescribed by the
41-23 Board. Such applications shall be filed with the
41-24 Secretary-Treasurer of the Board. The application shall be
41-25 accompanied by a license or a certified copy of a license to fit
41-26 and dispense hearing aids, lawfully issued to the applicant by some
41-27 other state or territory; and shall also be accompanied by an
42-1 affidavit of the President or Secretary of the Board of Examiners
42-2 in Fitting and Dispensing Hearing Aids who issued the license. The
42-3 affidavit shall recite that the accompanying certificate or license
42-4 has not been cancelled or revoked, and that the statement of
42-5 qualifications made in this application for license in Texas is
42-6 true and correct.>
42-7 <(c) Applicants for a license under the provisions of this
42-8 section shall subscribe to an oath in writing which shall be a part
42-9 of said application, stating that the license, certificate or
42-10 authority under which the applicant fits and dispenses hearing aids
42-11 in the state or territory from which the applicant is removed, was
42-12 at that time of such removal in full force and not suspended or
42-13 cancelled; that the applicant is the identical person to whom the
42-14 said certificate or license was issued and that no proceeding was
42-15 pending at the time of such removal, or at the present time pending
42-16 against the applicant for the cancellation, suspension or
42-17 revocation or such certificate or license in the state or territory
42-18 in which the same was issued and that no prosecution was then or at
42-19 the time of application pending against the applicant in any state
42-20 or federal court for any offense under the laws of Texas which is a
42-21 felony.>
42-22 SECTION 3.05. Section 9(c), Chapter 366, Acts of the 61st
42-23 Legislature, Regular Session, 1969 (Article 4566-1.09, Vernon's
42-24 Texas Civil Statutes), is amended to read as follows:
42-25 (c) A temporary training permit shall authorize the holder
42-26 thereof, to fit and dispense hearing aids under the direct and
42-27 full-time supervision of the license holder who completed the
43-1 affidavit required by Subsection (b) of this section or that
43-2 person's successor as supervisor for a period of one year or until
43-3 the holder thereof shall have successfully passed the examination
43-4 required for a license under this Act, whichever occurs first.
43-5 SECTION 3.06. Section 10, Chapter 366, Acts of the 61st
43-6 Legislature, Regular Session, 1969 (Article 4566-1.10, Vernon's
43-7 Texas Civil Statutes), is amended to read as follows:
43-8 Sec. 10. Grounds for disciplinary actions. (a) The Board
43-9 shall revoke or suspend a permit or license, place on probation a
43-10 person whose permit or license has been suspended, or reprimand a
43-11 permittee or licensee for a violation of this Act or a rule of the
43-12 Board including any of the following violations:
43-13 (1) The temporary trainee or licensee is guilty of any
43-14 fraud, deceit or misrepresentation in the fitting and dispensing of
43-15 hearing aids or in his seeking of a license under this Act.
43-16 (2) The temporary trainee or licensee is convicted of
43-17 a felony or a misdemeanor which involves moral turpitude.
43-18 (3) The temporary trainee or licensee is unable to fit
43-19 and dispense hearing aids with reasonable skill and safety to
43-20 customers by reason of incompetence, age, illness, drunkenness,
43-21 excessive use of drugs, narcotics, chemicals, or any other type of
43-22 material or as a result of any condition causing the temporary
43-23 trainee or licensee to become mentally or physically incapable as
43-24 determined by a court of competent jurisdiction.
43-25 (4) The temporary trainee or licensee has violated any
43-26 of the provisions of this Act or Board rules.
43-27 (5) The licensee has knowingly, directly or indirectly
44-1 employed, hired, procured, or induced a person not licensed to fit
44-2 and dispense hearing aids in this state, to so fit and dispense
44-3 hearing aids.
44-4 (6) The licensee aids or abets any person not duly
44-5 licensed under this Act in the fitting or dispensing of hearing
44-6 aids.
44-7 (7) The licensee lends, leases, rents, or in any other
44-8 manner places his license at the disposal or in the service of any
44-9 person not licensed to fit and dispense hearing aids in this state.
44-10 (8) The licensee knowingly used or caused or promoted
44-11 the use of any advertising matter, promotional literature,
44-12 guarantees, warranty, disseminated or published with misleading,
44-13 deceiving or false information. It is the intention of the
44-14 Legislature that the provisions of this subdivision be interpreted
44-15 insofar as possible to coincide with the orders and rules of the
44-16 Federal Trade Commission on such subjects.
44-17 (9) The licensee represented that the service or
44-18 advice of a person licensed to practice medicine by the Texas State
44-19 Board of Medical Examiners is used or made available in the
44-20 selection, fitting, adjustment, maintenance, or repair of a hearing
44-21 aid when such representation was not true.
44-22 (10) The licensee used the term "doctor," "clinic" or
44-23 any like words, abbreviations or symbols in the conduct of his
44-24 business which would tend to connote that the licensee was a
44-25 physician or surgeon.
44-26 (11) The licensee obtained or attempted to obtain
44-27 information concerning the business of another licensee under this
45-1 Act by bribery, or attempting to bribe an employee or agent of such
45-2 other licensee or by the impersonation of one in authority.
45-3 (12) The licensee directly or indirectly gave, or
45-4 offered to give or permitted or caused to be given money or
45-5 anything of value to any person who advises others in a
45-6 professional capacity as an inducement to influence such person to
45-7 influence those persons such person advises in a professional
45-8 capacity to purchase or contract to purchase products sold or
45-9 offered for sale by licensee or to refrain from purchasing or
45-10 contracting to purchase products sold or offered for sale by any
45-11 other licensee under this Act.
45-12 (13) The licensee falsely represented to a purchaser
45-13 that a hearing aid was "custom-made," "made to order,"
45-14 "prescription-made" or any other representations that such hearing
45-15 aid was specially fabricated for the purchaser.
45-16 (14) The licensee refused to accept responsibility for
45-17 the acts of a temporary training permittee in a licensee's employ
45-18 and under licensee's supervision.
45-19 (15) The licensee with fraudulent intent, engaged in
45-20 the fitting and dispensing of hearing aids under a false name or
45-21 alias.
45-22 (b) If a license suspension is probated, the Board may
45-23 require the license holder to:
45-24 (1) report regularly to the Board on matters that are
45-25 the basis of the probation;
45-26 (2) limit practice to the areas prescribed by the
45-27 Board; or
46-1 (3) continue or review continuing professional
46-2 education until the license holder attains a degree of skill
46-3 satisfactory to the Board in those areas that are the basis of the
46-4 probation.
46-5 (c) The schedule of sanctions adopted by the Board by rule
46-6 shall be used by the State Office of Administrative Hearings for
46-7 any sanction imposed as the result of a hearing conducted by that
46-8 office.
46-9 SECTION 3.07. Section 11, Chapter 366, Acts of the 61st
46-10 Legislature, Regular Session, 1969 (Article 4566-1.11, Vernon's
46-11 Texas Civil Statutes), is amended to read as follows:
46-12 Sec. 11. Disciplinary actions. (a) If the Board proposes
46-13 to refuse a person's application for examination, to suspend or
46-14 revoke a person's license, or to probate or reprimand a person, the
46-15 person is entitled to a hearing before the State Office of
46-16 Administrative Hearings <Board>.
46-17 (b) <The proceedings are governed by the Administrative
46-18 Procedure and Texas Register Act, as amended (Article 6252-13a,
46-19 Vernon's Texas Civil Statutes)>.
46-20 <(c)> Proceedings shall be commenced by filing charges with
46-21 the Board in writing and under oath. The charges may be made by
46-22 any person or persons.
46-23 <(d) The president of the Board shall fix a time and place
46-24 for a hearing and shall cause a copy of the charges, together with
46-25 a notice of the time and place fixed for the hearing to be served
46-26 upon the applicant or licensee against whom charges have been filed
46-27 at least 30 days prior thereto. Service of such charges and notice
47-1 of hearing thereon may be given by certified mail to the last known
47-2 address of such licensee or applicant.>
47-3 <(e) At the hearing, such applicant or licensee shall have
47-4 the right to appear either personally or by counsel or both to
47-5 produce witnesses, and to have subpoenas issued by the Board and
47-6 cross-examine opposing or adverse witnesses.>
47-7 <(f) The Board shall not be bound by strict rules of
47-8 procedure or by the laws of evidence in the conduct of its
47-9 proceedings but the determination shall be founded upon sufficient
47-10 legal evidence to sustain it.>
47-11 <(g) The Board shall determine the charges upon their
47-12 merits.>
47-13 (c) The Board shall enter an order in the permanent records
47-14 of the Board setting forth the findings of fact and law of the
47-15 State Office of Administrative Hearings <Board> and its action
47-16 thereon. A copy of such order of the State Office of
47-17 Administrative Hearings <Board> shall be mailed to such applicant
47-18 or licensee to his last known address by certified mail.
47-19 (d) <(h)> Any person whose license to fit and dispense
47-20 hearing aids has been refused or has been cancelled, revoked or
47-21 suspended by the Board, may, within 20 days after making and
47-22 entering of an <such> order by the State Office of Administrative
47-23 Hearings, take an appeal to any district court of Travis County or
47-24 any district court of the county of his residence.
47-25 (e) <(i)> Appeal from the judgment of such district court
47-26 will lie as other civil cases.
47-27 (f) <(j)> Upon application, the Board may reissue a license
48-1 to fit and dispense hearing aids to a person whose license has been
48-2 cancelled or revoked but such application shall not be made prior
48-3 to the expiration of a period of six months after the order of
48-4 cancellation or revocation has become final, and such application
48-5 shall be made in such manner and form as the Board may require.
48-6 (g) The Board may require that a license holder who violates
48-7 a provision of this Act participate in continuing education
48-8 programs. The Board shall specify the continuing education
48-9 programs that may be attended and the number of hours that must be
48-10 completed by an individual license holder to fulfill the
48-11 requirements of this subsection.
48-12 SECTION 3.08. Section 12, Chapter 366, Acts of the 61st
48-13 Legislature, Regular Session, 1969 (Article 4566-1.12, Vernon's
48-14 Texas Civil Statutes), is amended to read as follows:
48-15 Sec. 12. Fees and expenses. (a) The Board shall establish
48-16 reasonable and necessary fees so that the fees, in the aggregate,
48-17 produce sufficient revenue to cover the cost of administering this
48-18 Act. The Board may not set a fee for an amount less than the
48-19 amount of that fee on September 1, 1993. <for the administration
48-20 of this Act in amounts not to exceed:>
48-21 <1. Temporary Training Permit> <$ 40>
48-22 <2. Examination Fee> <125>
48-23 <3. License Fee> <75>
48-24 <4. License Renewal Fee> <220>
48-25 <5. Duplicate Document fee> <10>
48-26 (b) Every person passing the examination and meeting the
48-27 requirements of the Board shall be notified that he is eligible for
49-1 such license upon payment of the fee <herein provided>. Such
49-2 notice shall be by certified mail at the address given on his
49-3 examination papers. The fee for issuance of such license must be
49-4 paid by the applicant within 90 days after having been notified.
49-5 Failure to pay such fee within such time shall constitute a waiver
49-6 of the right to such person to obtain his license.
49-7 <(c) The Secretary-Treasurer of the Board shall, on or
49-8 before the 10th day of each month, remit to the State Treasurer all
49-9 of the fees collected by the Board during the preceding month for
49-10 deposit in the General Revenue Fund.>
49-11 <(d) Each member of the Board is entitled to a per diem as
49-12 set by legislative appropriation for each day that the member
49-13 engages in the business of the Board. A member may not receive any
49-14 compensation for travel expenses, including expenses for meals and
49-15 lodging, other than transportation expenses. A member is entitled
49-16 to compensation for transportation expenses as prescribed by the
49-17 General Appropriations Act. The travel expenses allowance for
49-18 members of the Board and its employees shall be provided in the
49-19 General Appropriations Act. The executive director of the Board
49-20 shall be allowed his actual expenses incurred while traveling on
49-21 official business for the Board.>
49-22 <(e) The number of days for which compensation may be paid
49-23 to members of the Board shall not exceed two days in any calendar
49-24 month except in those months in which examinations are held, but
49-25 compensations may never be allowed to exceed six days in those
49-26 months in which examinations are held.>
49-27 <(f) The Board may authorize all necessary disbursements to
50-1 carry out the provisions of this Act, including payment of the
50-2 premium on the bond of the Secretary-Treasurer, stationery
50-3 expenses, purchase and maintain or rent equipment and facilities
50-4 necessary to carry out the examinations of applications for
50-5 license; pay for printing of all licenses; rent and furnish an
50-6 office to maintain the permanent records of the Board.>
50-7 <(g) Funds for the administration of this Act shall be
50-8 provided by the General Appropriations Act from the General Revenue
50-9 Fund. The financial transactions of the Board are subject to audit
50-10 by the state auditor in accordance with Chapter 321, Government
50-11 Code.>
50-12 SECTION 3.09. Section 12B, Chapter 366, Acts of the 61st
50-13 Legislature, Regular Session, 1969 (Article 4566-1.12B, Vernon's
50-14 Texas Civil Statutes), is amended by amending Subsection (d) and by
50-15 adding Subsections (e)-(f) to read as follows:
50-16 (d) The Board shall keep an information file about each
50-17 complaint filed with the Board <relating to a licensee>. The
50-18 Board's information file shall be kept current and contain a record
50-19 for each complaint of:
50-20 (1) all persons contacted in relation to the
50-21 complaint;
50-22 (2) a summary of findings made at each step of the
50-23 complaint process;
50-24 (3) an explanation of the legal basis and reason for a
50-25 complaint that is dismissed; and
50-26 (4) other relevant information.
50-27 If a written complaint is filed with the Board that the Board has
51-1 authority to resolve <relating to a licensee>, the Board, at least
51-2 as frequently as quarterly and until final disposition of the
51-3 complaint, shall notify the parties to the complaint of the status
51-4 of the complaint unless the notice would jeopardize an undercover
51-5 investigation.
51-6 (e) The Board by rule shall adopt a form to standardize
51-7 information concerning complaints made to the Board. The Board by
51-8 rule shall prescribe information to be provided to a person when
51-9 the person files a complaint with the Board.
51-10 (f) The Board shall provide reasonable assistance to a
51-11 person who wishes to file a complaint with the Board.
51-12 SECTION 3.10. Chapter 366, Acts of the 61st Legislature,
51-13 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
51-14 Civil Statutes), is amended by adding Sections 12C and 12D to read
51-15 as follows:
51-16 Sec. 12C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
51-17 Board shall adopt rules concerning the investigation of a complaint
51-18 filed with the Board. The rules adopted under this subsection
51-19 shall:
51-20 (1) distinguish between categories of complaints;
51-21 (2) ensure that complaints are not dismissed without
51-22 appropriate consideration;
51-23 (3) require that the Board be advised of a complaint
51-24 that is dismissed and that a letter be sent to the person who filed
51-25 the complaint explaining the action taken on the dismissed
51-26 complaint;
51-27 (4) ensure that the person who filed the complaint has
52-1 an opportunity to explain the allegations made in the complaint;
52-2 and
52-3 (5) prescribe guidelines concerning the categories of
52-4 complaints that require the use of a private investigator and the
52-5 procedures for the Board to obtain the services of a private
52-6 investigator.
52-7 (b) The Board shall dispose of all complaints in a timely
52-8 manner. The Board shall establish a timeline for conducting each
52-9 phase of a complaint that is under the control of the Board not
52-10 later than the 30th day after the date the complaint is received by
52-11 the Board. The timeline shall be kept in the information file for
52-12 the complaint and all parties shall be notified of the projected
52-13 time requirements for pursuing the complaint. A change in the
52-14 timeline must be noted in the complaint information file and all
52-15 parties to the complaint must be notified not later than the
52-16 seventh day after the date the change is made.
52-17 (c) The director of the Board shall notify the Board of a
52-18 complaint that extends beyond the time prescribed by the Board for
52-19 resolving the complaint so that the Board may take necessary action
52-20 on the complaint.
52-21 Sec. 12D. INFORMAL PROCEEDINGS. (a) The Board by rule
52-22 shall adopt procedures governing:
52-23 (1) informal disposition of a contested case under
52-24 Section 13(e), Administrative Procedure and Texas Register Act
52-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
52-26 subsequent amendments; and
52-27 (2) informal proceedings held in compliance with
53-1 Section 18(c), Administrative Procedure and Texas Register Act
53-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
53-3 subsequent amendments.
53-4 (b) Rules adopted under this section must provide the
53-5 complainant and the licensee an opportunity to be heard and must
53-6 require the presence of a representative of the office of the
53-7 attorney general to advise the Board or Board's employees.
53-8 SECTION 3.11. Chapter 366, Acts of the 61st Legislature,
53-9 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
53-10 Civil Statutes), is amended by adding Section 12E to read as
53-11 follows:
53-12 Sec. 12E. MONITORING OF LICENSE HOLDER. The Board by rule
53-13 shall develop a system for monitoring license holders' compliance
53-14 with the requirements of this Act. Rules adopted under this
53-15 section shall include procedures for monitoring a license holder
53-16 who is ordered by the Board to perform certain acts to ascertain
53-17 that the license holder performs the required acts and to identify
53-18 and monitor license holders who represent a risk to the public.
53-19 SECTION 3.12. Section 13, Chapter 366, Acts of the 61st
53-20 Legislature, Regular Session, 1969 (Article 4566-1.13, Vernon's
53-21 Texas Civil Statutes), is amended to read as follows:
53-22 Sec. 13. Renewal of license. (a) The Board by rule may
53-23 adopt a system under which licenses expire on various dates during
53-24 the year. For the year in which the license expiration date is
53-25 changed, license fees payable on September 1 shall be prorated on a
53-26 monthly basis so that each licensee shall pay only that portion of
53-27 the license fee that is allocable to the number of months during
54-1 which the license is valid. On renewal of the license on the new
54-2 expiration date, the total license renewal fee is payable <Each
54-3 license to fit and dispense hearing aids shall be issued for the
54-4 term of one year and shall, unless suspended or revoked, be renewed
54-5 annually on September 1 on payment of the renewal fee>.
54-6 (b) A person may renew an <his> unexpired license by paying
54-7 to the Board before the expiration date of the license the required
54-8 renewal fee.
54-9 (c) If a person's license has been expired for <not more
54-10 than> 90 days or less, the person may renew the license by paying
54-11 to the Board the required renewal fee and a fee that is one-half of
54-12 the examination fee for the license.
54-13 (d) If a person's license has been expired for more than 90
54-14 days but less than one year <two years>, the person may renew the
54-15 license by paying to the Board all unpaid renewal fees and a fee
54-16 that is equal to the examination fee for the license.
54-17 (e) If a person's license has been expired for one year <two
54-18 years> or more, the person may not renew the license. The person
54-19 may obtain a new license by submitting to reexamination and
54-20 complying with the requirements and procedures for obtaining an
54-21 original license. However, the Board may renew without examination
54-22 an expired license of a person who was licensed in this state,
54-23 moved to another state, and is currently licensed and has been in
54-24 practice in the other state for the two years preceding
54-25 application. The person must pay to the Board a fee that is equal
54-26 to the examination fee for the license.
54-27 (f) At least 30 days before the expiration of a person's
55-1 license, the Board shall send written notice of the impending
55-2 license expiration to the person at the licensee's last known
55-3 address according to the records of the Board.
55-4 (g) Before a license can be renewed, the Board shall require
55-5 certification that all testing equipment, both portable and
55-6 stationary, used by the licensee has been calibrated within one
55-7 year prior to the renewal date.
55-8 (h) <(g)> Before a license can be renewed, a licensee must
55-9 demonstrate compliance with the requirements of continuing
55-10 education established by the Board under Subsection (e) <(i)> of
55-11 Section 4 of this Act.
55-12 <On written request, the Board shall provide an alternative
55-13 mechanism for meeting the continuing education requirement through
55-14 examination.>
55-15 <The Board may waive compliance with the continuing education
55-16 requirement for license renewal in an individual case upon evidence
55-17 of hardship or inability to meet the requirement. The waiver may
55-18 be granted after review by the Board on an annual basis.>
55-19 (i) <(h)> Fitting and dispensing hearing aids without an
55-20 annual renewal certificate for the current year as provided herein
55-21 shall have the same force and effect and be subject to the same
55-22 penalties as fitting and dispensing hearing aids without a license.
55-23 (j) <(i)> The Board shall issue a duplicate license to any
55-24 licensee whose license has been lost or destroyed and the Board
55-25 shall have the authority to prescribe the procedure and
55-26 requirements for the issuance of the duplicate license.
55-27 SECTION 3.13. Chapter 366, Acts of the 61st Legislature,
56-1 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
56-2 Civil Statutes), is amended by adding Section 13B to read as
56-3 follows:
56-4 Sec. 13B. INACTIVE STATUS. The Board by rule may provide
56-5 for a person who holds a license under this Act to be placed on
56-6 inactive status. Rules adopted under this section shall include a
56-7 time limit for a license holder to remain on inactive status.
56-8 SECTION 3.14. Section 15(a), Chapter 366, Acts of the 61st
56-9 Legislature, Regular Session, 1969 (Article 4566-1.15, Vernon's
56-10 Texas Civil Statutes), is amended to read as follows:
56-11 (a) It is unlawful for any person to:
56-12 (1) buy, sell, or fraudulently obtain a license to fit
56-13 and dispense hearing aids or aid or abet therein;
56-14 (2) alter a license to fit and dispense hearing aids
56-15 with the intent to defraud;
56-16 (3) willfully make a false statement in an application
56-17 to the <Texas> Board <of Examiners of Fitters and Dispensers of
56-18 Hearing Aids> for a license, a temporary training permit or for the
56-19 renewal of a license;
56-20 (4) falsely impersonate any person duly licensed as a
56-21 fitter and dispenser of hearing aids under the provisions of this
56-22 Act;
56-23 (5) offer or hold himself out as authorized to fit and
56-24 dispense hearing aids, or use in connection with his name any
56-25 designation tending to imply that he is authorized to engage in the
56-26 fitting and dispensing of hearing aids, if not so licensed under
56-27 the provisions of this Act;
57-1 (6) engage in the fitting and dispensing of hearing
57-2 aids during the time his license shall be cancelled, suspended or
57-3 revoked; or
57-4 (7) dispense or fit a hearing aid on any individual
57-5 who has ordered such hearing aid or device by mail unless the
57-6 person dispensing and fitting such hearing aid or device is
57-7 licensed under this Act.
57-8 ARTICLE 4. TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
57-9 SECTION 4.01. (a) As soon as possible after the effective
57-10 date of this Act, the governor shall appoint the initial members of
57-11 the Board of Examiners for Speech and Hearing Professionals in
57-12 accordance with Article 4566a, Revised Statutes, as added by this
57-13 Act. In making the initial appointments, the governor shall
57-14 designate members to serve terms as follows:
57-15 (1) one member licensed as a hearing aid fitter and
57-16 dispenser, one member licensed as an audiologist, and one public
57-17 member serve for terms expiring February 1, 1995;
57-18 (2) one member licensed as a hearing aid fitter and
57-19 dispenser, one member licensed as an audiologist, and one member
57-20 licensed as a speech-language pathologist serve for terms expiring
57-21 February 1, 1997; and
57-22 (3) one member licensed as a speech-language
57-23 pathologist and two public members serve for terms expiring
57-24 February 1, 1999.
57-25 (b) The Board of Examiners for Speech and Hearing
57-26 Professionals may not take any action and is not created until the
57-27 day after the date that the last appointee to the initial board
58-1 takes office. On the date of its creation, the board assumes its
58-2 functions and:
58-3 (1) the State Committee of Examiners for
58-4 Speech-Language Pathology and Audiology and the Texas Board of
58-5 Examiners in the Fitting and Dispensing of Hearing Aids are
58-6 abolished;
58-7 (2) the obligations, rights, contracts, records and
58-8 other property, and personnel of, and unspent money appropriated to
58-9 or for, the abolished committee and board are transferred to the
58-10 Board of Examiners for Speech and Hearing Professionals;
58-11 (3) the rules of the abolished committee and board are
58-12 continued in effect as rules of the Board of Examiners for Speech
58-13 and Hearing Professionals until superseded by rule of the new
58-14 board;
58-15 (4) the licenses in effect that were issued by the
58-16 abolished committee or board are continued in effect as licenses of
58-17 the Board of Examiners for Speech and Hearing Professionals;
58-18 (5) a complaint or investigation pending before the
58-19 abolished committee or board is transferred without change in
58-20 status to the Board of Examiners for Speech and Hearing
58-21 Professionals;
58-22 (6) a contested case pending before the abolished
58-23 committee or board is transferred to the State Office of
58-24 Administrative Hearings and actions taken in the proceeding are
58-25 treated as if taken by the State Office of Administrative Hearings;
58-26 and
58-27 (7) any reference in a law to the abolished committee
59-1 or board means the Board of Examiners for Speech and Hearing
59-2 Professionals.
59-3 (c) Regardless of the changes in law made by this Act, until
59-4 the date that the State Committee of Examiners for Speech-Language
59-5 Pathology and Audiology and the Texas Board of Examiners in the
59-6 Fitting and Dispensing of Hearing Aids are abolished as provided by
59-7 this section, the committee and board continue in existence and
59-8 shall administer their functions under the law that governed the
59-9 committee or board before the effective date of this Act, and the
59-10 prior law is continued in effect for that purpose.
59-11 (d) The Board of Examiners for Speech and Hearing
59-12 Professionals shall adopt rules under this Act not later than
59-13 December 1, 1993.
59-14 SECTION 4.02. The following laws are repealed:
59-15 (1) Sections 3, 4, 6, 7, and 22, Chapter 381, Acts of
59-16 the 68th Legislature, Regular Session, 1983 (Article 4512j,
59-17 Vernon's Texas Civil Statutes); and
59-18 (2) Sections 2, 3, 4A, and 13A, Chapter 366, Acts of
59-19 the 61st Legislature, Regular Session, 1969 (Article 4566-1.01 et
59-20 seq., Vernon's Texas Civil Statutes).
59-21 SECTION 4.03. This Act takes effect September 1, 1993.
59-22 SECTION 4.04. The importance of this legislation and the
59-23 crowded condition of the calendars in both houses create an
59-24 emergency and an imperative public necessity that the
59-25 constitutional rule requiring bills to be read on three several
59-26 days in each house be suspended, and this rule is hereby suspended.