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Amend CSHB 2237 (Senate committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to
the bill and renumber existing SECTIONS accordingly:
SECTION ____. Subtitle G, Title 3, Occupations Code, is
amended by adding Chapter 403 to read as follows:
CHAPTER 403. BASIC DYSLEXIA PRACTITIONERS AND ADVANCED DYSLEXIA
THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 403.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "License holder" means a person who holds a
license issued under this chapter.
(5) "Multisensory structured language education"
means a program for the treatment of individuals with dyslexia and
related disorders that:
(A) includes instruction in:
(i) phonology and phonological awareness;
(ii) sound and symbol association;
(iii) syllables;
(iv) morphology;
(v) syntax; and
(vi) semantics; and
(B) is taught with the principles of:
(i) simultaneous multisensory instruction,
including visual-auditory-kinesthetic-tactile instruction;
(ii) systematic and cumulative
instruction;
(iii) explicit instruction;
(iv) diagnostic teaching to automaticity;
and
(v) synthetic and analytic instruction.
Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH
SERVICES. The department shall administer this chapter.
Sec. 403.003. APPLICABILITY. This chapter does not:
(1) require a school district to employ a person
licensed under this chapter; or
(2) authorize a person who is not licensed under
Chapter 401 to practice audiology or speech-language pathology.
[Sections 403.004-403.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 403.051. ADVISORY COMMITTEE. The department shall
appoint an advisory committee to advise the department in
administering this chapter.
Sec. 403.052. RULES. The executive commissioner 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 "basic dyslexia practitioner" or "advanced dyslexia
therapist" in this state unless the person holds the appropriate
license under this chapter.
Sec. 403.102. ISSUANCE OF LICENSE. The department shall
issue a basic dyslexia practitioner or advanced dyslexia therapist
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 BASIC DYSLEXIA PRACTITIONER
LICENSE. (a) To be eligible for a basic dyslexia practitioner
license, an applicant must have:
(1) earned a bachelor's degree from an accredited
public or private institution of higher education;
(2) successfully completed at least 45 hours of course
work in multisensory structured language education from a training
program that meets the requirements of Section 403.106;
(3) completed at least 90 hours of practice of
supervised clinical experience in multisensory structured language
education; and
(4) completed at least five observations of the
practice of multisensory structured language education, each
followed by a conference and a written report and observed by an
instructor from a training program that meets the requirements of
Section 403.106.
(b) Clinical experience required under Subsection (a)(3)
must be obtained under:
(1) the supervision of a training program that meets
the requirements of Section 403.106; and
(2) guidelines approved by the department.
Sec. 403.105. ELIGIBILITY FOR ADVANCED DYSLEXIA THERAPIST
LICENSE. (a) To be eligible for an advanced dyslexia therapist
license, an applicant must have:
(1) earned at least a master's degree from an
accredited public or private institution of higher education;
(2) successfully completed at least 200 hours of
course work in multisensory structured language education from a
training program that meets the requirements of Section 403.106;
(3) completed at least 700 hours of practice of
supervised clinical experience in multisensory structured language
education; and
(4) completed at least 10 observations of the practice
of multisensory structured language education, each followed by a
conference and a written report and observed by an instructor from a
training program that meets the requirements of Section 403.106.
(b) Clinical experience required under Subsection (a)(3)
must be obtained under:
(1) the supervision of a person holding an advanced
dyslexia therapist license; and
(2) guidelines approved by the department.
Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For
purposes of determining whether an applicant satisfies the training
requirements for a license under this chapter, a multisensory
structured language education training program completed by the
applicant must:
(1) be accredited by a nationally recognized
accrediting organization;
(2) provide instruction in each element of
multisensory structured language education;
(3) provide instruction based on the Texas Education
Agency publication The Dyslexia Handbook: Procedures Concerning
Dyslexia and Related Disorders (2001);
(4) be committed to self-study;
(5) have been reviewed by dyslexia education
professionals who are not affiliated with the training program; and
(6) develop and follow procedures to maintain and
improve the quality of training provided by the program.
(b) The department, in consultation with the advisory
committee, shall determine whether a training program meets the
requirements of Subsection (a).
Sec. 403.107. 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 executive commissioner.
(b) The department shall, in consultation with the advisory
committee:
(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) In consultation with the advisory committee, the
executive commissioner by rule may:
(1) establish procedures for the administration of the
examination; and
(2) require a written examination.
Sec. 403.108. 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. 403.109. WAIVER OF EXAMINATION REQUIREMENT. The
department, in consultation with the advisory committee, 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. 403.110. PROVISIONAL LICENSE. (a) The department, in
consultation with the advisory committee, 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 a basic
dyslexia practitioner or an advanced dyslexia 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
multisensory structured language education; 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 passes the part of
the examination under Section 403.107 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of multisensory structured language
education 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. 403.111. TEMPORARY LICENSE; RULES. The executive
commissioner by rule may provide for the issuance of a temporary
license.
Sec. 403.112. INACTIVE STATUS; RULES. (a) The executive
commissioner 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 403.113-403.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 403.151. PRACTICE SETTING. (a) A basic dyslexia
practitioner may practice only in a supervised educational setting,
including a school, learning center, or clinic.
(b) An advanced dyslexia therapist may practice in a school,
clinic, or private practice setting.
Sec. 403.152. CONTINUING EDUCATION. (a) A license holder
may not renew the person's license unless the person meets the
continuing education requirements established by the executive
commissioner.
(b) The executive commissioner, in consultation with the
advisory committee, 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 403.153-403.200 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 executive commissioner rule.
Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a
license holder violates this chapter or a rule or code of ethics
adopted by the executive commissioner, the department shall:
(1) revoke or suspend the license;
(2) place on probation the person if the person's
license has been suspended;
(3) reprimand the license holder; or
(4) refuse to renew the license.
Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
CRIMINAL CONVICTION. (a) The department 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 department 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. HEARING. (a) If the department proposes to
revoke, suspend, or refuse to renew a person's license, the person
is entitled to a hearing before a hearings officer appointed by the
State Office of Administrative Hearings.
(b) The executive commissioner shall prescribe procedures
for appealing to the commissioner a decision to revoke, suspend, or
refuse to renew a license.
Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter to suspend, revoke, or refuse to renew a license is
governed by Chapter 2001, Government Code.
Sec. 403.207. SANCTIONS. (a) The executive commissioner
by rule shall adopt a broad schedule of sanctions for a violation of
this chapter.
(b) The State Office of Administrative Hearings shall use
the schedule of sanctions for a sanction imposed as the result of a
hearing conducted by that office.
Sec. 403.208. PROBATION. The department may require a
person whose license suspension is probated to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to areas prescribed by the
department; or
(3) continue the person's professional education until
the license holder attains a degree of skill satisfactory to the
department in those areas that are the basis of the probation.
Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The
executive commissioner by rule shall develop a system for
monitoring a license holder's compliance with the requirements of
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. 403.210. INFORMAL PROCEDURES. (a) The executive
commissioner by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the
attorney general or the department's legal counsel to advise the
department or the department's employees.
Sec. 403.211. REFUND. (a) Subject to Subsection (b), the
department may order a license holder to pay a refund to a consumer
as provided in an agreement resulting from an informal settlement
conference instead of or in addition to imposing an administrative
penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The department may not require
payment of other damages or estimate harm in a refund order.
Sec. 403.212. 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. 403.213. REPRIMAND; CONTINUING EDUCATION. (a) In
addition to other disciplinary action authorized by this
subchapter, the department 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 department, in consultation with the advisory
committee, 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. 403.214. EMERGENCY SUSPENSION. (a) The department
shall temporarily suspend the license of a license holder if the
department 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 403.215-403.250 reserved for expansion]
SUBCHAPTER F. ADMINISTRATIVE PENALTY
Sec. 403.251. IMPOSITION OF ADMINISTRATIVE PENALTY. The
department may impose an administrative penalty on a person
licensed under this chapter who violates this chapter or a rule or
order adopted under this chapter.
Sec. 403.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
amount of the administrative penalty may not be more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The executive commissioner by rule shall adopt an
administrative penalty schedule based on the criteria listed in
Subsection (b) for violations of this chapter or applicable rules
to ensure that the amounts of penalties imposed are appropriate to
the violation. The executive commissioner shall provide the
administrative penalty schedule to the public on request.
Sec. 403.253. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) If the commissioner or the commissioner's designee determines
that a violation occurred, the commissioner or the designee may
issue to the department a report stating:
(1) the facts on which the determination is based; and
(2) the commissioner's or the designee's
recommendation on the imposition of an administrative penalty,
including a recommendation on the amount of the penalty.
(b) Within 14 days after the date the report is issued, the
commissioner or the commissioner's designee shall give written
notice of the report to the person. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative
penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 403.254. PENALTY TO BE PAID OR HEARING REQUESTED.
(a) Within 10 days after the date the person receives the notice,
the person in writing may:
(1) accept the determination and recommended
administrative penalty of the commissioner or the commissioner's
designee; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the commissioner or the commissioner's designee, the
commissioner by order shall approve the determination and impose
the recommended penalty.
Sec. 403.255. HEARING. (a) If the person requests a
hearing or fails to respond in a timely manner to the notice, the
commissioner or the commissioner's designee shall set a hearing and
give written notice of the hearing to the person.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the commissioner a
proposal for a decision about the occurrence of the violation and
the amount of a proposed administrative penalty.
Sec. 403.256. DECISION BY COMMISSIONER. (a) Based on the
findings of fact, conclusions of law, and proposal for decision,
the commissioner by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The notice of the commissioner's order given to the
person must include a statement of the right of the person to
judicial review of the order.
Sec. 403.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Within 30 days after the date the commissioner's order becomes
final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the commissioner's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
commissioner or the commissioner's designee by certified mail.
(c) If the commissioner or the commissioner's designee
receives a copy of an affidavit under Subsection (b)(2), the
commissioner or the designee may file with the court, within five
days after the date the copy is received, a contest to the
affidavit.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Sec. 403.258. COLLECTION OF PENALTY. (a) If the person
does not pay the administrative penalty and the enforcement of the
penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Sec. 403.259. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and order
the person to pay the full or reduced amount of the penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 403.260. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the administrative penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
(d) If the person gave a supersedeas bond and the penalty is
not upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond.
(e) If the person gave a supersedeas bond and the amount of
the penalty is reduced, the court shall order the release of the
bond after the person pays the reduced amount.
Sec. 403.261. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is a contested case under Chapter 2001, Government
Code.
[Sections 403.262-403.300 reserved for expansion]
SUBCHAPTER G. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
Sec. 403.301. INJUNCTION. (a) The department may request
the attorney general or the appropriate county or district attorney
to commence an action to enjoin a violation of this chapter.
(b) The remedy provided by this section is in addition to
any other action authorized by law.
Sec. 403.302. CIVIL PENALTY. (a) A person who violates
this chapter, a rule adopted by the executive commissioner, or an
order adopted by the commissioner under this chapter is liable for a
civil penalty not to exceed $5,000 a day.
(b) At the request of the department, the attorney general
shall bring an action to recover a civil penalty authorized under
this section.
Sec. 403.303. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 403.101.
(b) An offense under this section is a Class B misdemeanor.
Sec. 403.304. CEASE AND DESIST ORDER. (a) If it appears to
the commissioner that a person who is not licensed under this
chapter is violating this chapter or a rule adopted under this
chapter, the commissioner after notice and an opportunity for a
hearing may issue a cease and desist order prohibiting the person
from engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under this chapter.
SECTION ____. The heading to Subtitle G, Title 3,
Occupations Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND
DYSLEXIA
(2) In SECTION 14 of the bill, at the end of that section
(page 14, line 15), insert "This section does not apply to Chapter
403, Occupations Code, as added by this Act."
(3) Strike SECTION 15 of the bill (page 14, lines 16 through
20) and substitute the following appropriately numbered SECTION:
SECTION ____. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2007.
(b) Except as provided by Subsection (c) of this section,
the changes in law made by this Act to Subtitle G, Title 3,
Occupations Code, take effect September 1, 2007.
(c) Section 403.101 and Subchapters E, F, and G, Chapter
403, Occupations Code, as added by this Act, take effect February 1,
2008.