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By: Deuell S.B. No. 311
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of academic language teachers and
therapists; imposing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle G, Title 3, Occupations
Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING, LANGUAGE, AND SPEECH
SECTION 2. Subtitle G, Title 3, Occupations Code, is
amended by adding Chapter 403 to read as follows:
CHAPTER 403. ACADEMIC LANGUAGE TEACHERS AND THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 403.001. DEFINITIONS. In this chapter:
(1) "Academic language" means the treatment of
dyslexia or related disorders.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "License holder" means a person who holds a
license issued under this chapter.
Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF LICENSING AND
REGULATION. The department shall administer this chapter.
Sec. 403.003. EXEMPTION; EDUCATORS. This chapter does not
apply to a person who is required to hold a certificate issued under
Subchapter B, Chapter 21, Education Code.
[Sections 403.004-403.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 403.051. ADVISORY COMMITTEE. The department may
appoint an advisory committee to advise the department in
administering this chapter.
Sec. 403.052. RULES. The commission shall adopt rules
necessary to administer and enforce this chapter, including rules
that establish standards of ethical practice.
[Sections 403.053-403.100 reserved for expansion]
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 403.101. LICENSE REQUIRED. A person may not use the
title "academic language teacher" or "academic language therapist"
in this state unless the person holds the appropriate license under
this chapter.
Sec. 403.102. ISSUANCE OF LICENSE. The department shall
issue an academic language teaching or therapy license to an
applicant who meets the requirements of this chapter.
Sec. 403.103. LICENSE APPLICATION. (a) A license
applicant must apply to the department on a form and in the manner
the department prescribes.
(b) The application must be accompanied by a nonrefundable
application fee.
Sec. 403.104. ELIGIBILITY FOR ACADEMIC LANGUAGE TEACHER
LICENSE. (a) To be eligible for an academic language teacher
license, an applicant must have:
(1) successfully completed at least 45 hours in
courses related to academic language, including training in
multisensory structured language training; and
(2) completed at least 90 hours of practice of
supervised clinical experience related to academic language,
including at least five conferences with clients observed by the
supervisor.
(b) Clinical experience required under Subsection (a)(2)
must be obtained under:
(1) the supervision of a license holder; and
(2) guidelines approved by the department.
Sec. 403.105. ELIGIBILITY FOR ACADEMIC LANGUAGE THERAPIST
LICENSE. (a) To be eligible for an academic language therapist
license, an applicant must have:
(1) successfully completed at least 200 hours in
courses related to academic language, including training in
multisensory structured language training; and
(2) completed at least 700 hours of practice of
supervised clinical experience related to academic language,
including at least 10 conferences with clients observed by the
supervisor.
(b) Clinical experience required under Subsection (a)(2)
must be obtained under:
(1) the supervision of a person holding an academic
language therapy license; and
(2) guidelines approved by the department.
Sec. 403.106. EXAMINATION; RULES. (a) To obtain a
license, an applicant must:
(1) pass an examination approved by the department;
and
(2) pay fees set by the commission.
(b) The department shall:
(1) administer an examination at least twice each
year;
(2) determine standards for acceptable performance on
the examination; and
(3) maintain a record of all examination scores for at
least two years after the date of examination.
(c) The commission by rule may:
(1) establish procedures for the administration of the
examination; and
(2) require a written or oral examination, or both.
Sec. 403.107. REEXAMINATION. (a) A person who fails the
examination may take a later examination on payment of a
nonrefundable fee for the examination.
(b) An applicant who fails two examinations may not be
reexamined until the person:
(1) submits a new application accompanied by a
nonrefundable application fee; and
(2) presents evidence acceptable to the department of
additional study in the area for which a license is sought.
Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
department may waive the examination requirement and issue a
license to an applicant who holds an appropriate certificate or
other accreditation from a national organization recognized by the
department.
Sec. 403.109. PROVISIONAL LICENSE. (a) The department may
issue a provisional license to an applicant currently licensed in
another jurisdiction who seeks a license in this state and who:
(1) has been licensed in good standing as an academic
language teacher or therapist for at least two years in another
jurisdiction, including a foreign country, that has licensing
requirements substantially equivalent to the requirements of this
chapter;
(2) has passed a national or other examination
recognized by the department relating to the practice of academic
language; and
(3) is sponsored by a person licensed by the
department under this chapter with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) The department may waive the requirement of Subsection
(a)(3) for an applicant if the department determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license is valid until the date the
department approves or denies the provisional license holder's
application for a license.
(d) The department shall issue a license under this chapter
to the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 51.404 or the provisional license holder
passes the part of the examination under Section 403.106 that
relates to the applicant's knowledge and understanding of the laws
and rules relating to the practice of academic language in this
state;
(2) the department verifies that the provisional
license holder meets the academic and experience requirements for a
license under this chapter; and
(3) the provisional license holder satisfies any other
licensing requirements under this chapter.
(e) The department must approve or deny a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The
department may extend the 180-day period if the results of an
examination have not been received by the department before the end
of that period.
Sec. 403.110. TEMPORARY LICENSE; RULES. The commission by
rule may provide for the issuance of a temporary license.
Sec. 403.111. INACTIVE STATUS; RULES. (a) The commission
by rule may provide for a license holder to be placed on inactive
status.
(b) Rules adopted under this section must include a time
limit for a license holder to remain on inactive status.
[Sections 403.112-403.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 403.151. CONTINUING EDUCATION. (a) A license holder
may not renew the person's license unless the person meets the
continuing education requirements established by the commission
under Section 51.405.
(b) The commission shall establish the continuing education
requirements in a manner that allows a license holder to comply
without an extended absence from the license holder's county of
residence.
(c) The department shall:
(1) provide to a license applicant, with the
application form on which the person is to apply for a license,
information describing the continuing education requirements; and
(2) notify each license holder of any change in the
continuing education requirements at least one year before the date
the change takes effect.
[Sections 403.152-403.200 reserved for expansion]
SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY
PROCEDURES
Sec. 403.201. COMPLAINTS. Any person may file a complaint
with the department alleging a violation of this chapter or a rule
adopted under this chapter.
Sec. 403.202. PROHIBITED ACTIONS. A license holder may
not:
(1) obtain a license by means of fraud,
misrepresentation, or concealment of a material fact;
(2) sell, barter, or offer to sell or barter a license;
or
(3) engage in unprofessional conduct that endangers or
is likely to endanger the health, welfare, or safety of the public
as defined by commission rule.
Sec. 403.203. MONITORING OF LICENSE HOLDER; RULES.
(a) The commission by rule shall develop a system for monitoring a
license holder's compliance with this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the department to perform certain acts; and
(2) identify and monitor license holders who represent
a risk to the public.
Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
CRIMINAL CONVICTION. (a) The commission may deny a license or may
suspend or revoke a license if the applicant or license holder has
been convicted of a misdemeanor involving moral turpitude or a
felony. The commission may take action authorized by this section
when:
(1) the time for appeal of the person's conviction has
elapsed;
(2) the judgment or conviction has been affirmed on
appeal; or
(3) an order granting probation is made suspending the
imposition of the person's sentence, without regard to whether a
subsequent order:
(A) allows withdrawal of a plea of guilty;
(B) sets aside a verdict of guilty; or
(C) dismisses an information or indictment.
(b) A plea or verdict of guilty or a conviction following a
plea of nolo contendere is a conviction for purposes of this
section.
Sec. 403.205. SCHEDULE OF SANCTIONS; RULES. The commission
shall use the schedule of sanctions adopted by commission rule for
any sanction imposed as the result of a hearing conducted by the
department.
Sec. 403.206. REINSTATEMENT. (a) A person may apply for
reinstatement of a revoked license on or after the first
anniversary of the date of revocation.
(b) The department may:
(1) accept or reject the application; and
(2) require an examination as a condition for
reinstatement of the license.
Sec. 403.207. REPRIMAND; CONTINUING EDUCATION. (a) In
addition to other disciplinary action authorized by this
subchapter, the commission may:
(1) issue a written reprimand to a license holder who
violates this chapter; or
(2) require that a license holder who violates this
chapter attend continuing education programs.
(b) The commission may specify the number of hours of
continuing education that must be completed by a license holder to
fulfill the requirement of Subsection (a)(2).
Sec. 403.208. EMERGENCY SUSPENSION. (a) The commission or
a three-member committee of members designated by the commission
shall temporarily suspend the license of a license holder if the
commission or committee determines from the evidence or information
presented to it that continued practice by the license holder would
constitute a continuing and imminent threat to the public welfare.
(b) A license may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension.
[Sections 403.209-403.250 reserved for expansion]
SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
Sec. 403.251. DECEPTIVE TRADE PRACTICE. A violation of
Section 403.101 is a deceptive trade practice.
Sec. 403.252. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates Section 403.101.
(b) An offense under this section is a Class B misdemeanor.
SECTION 3. Section 51.301, Occupations Code, applies only
to a violation of Chapter 403, Occupations Code, as added by this
Act, that occurs on or after February 1, 2006.
SECTION 4. (a) Except as required by Subsection (b) of
this section, this Act takes effect September 1, 2005.
(b) Section 403.101 and Subchapters E and F, Chapter 403,
Occupations Code, as added by this Act, take effect February 1,
2006.