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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of dyslexia practitioners and |
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therapists; imposing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 3, Occupations Code, is |
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amended by adding Chapter 403 to read as follows: |
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CHAPTER 403. BASIC DYSLEXIA PRACTITIONERS AND ADVANCED DYSLEXIA |
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THERAPISTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 403.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "License holder" means a person who holds a |
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license issued under this chapter. |
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(4) "Multisensory structured language education" |
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means a program for the treatment of dyslexia and related disorders |
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that: |
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(A) includes instruction in: |
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(i) phonology and phonological awareness; |
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(ii) sound and symbol association; |
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(iii) syllables; |
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(iv) morphology; |
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(v) syntax; and |
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(vi) semantics; and |
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(B) is taught with the principles of: |
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(i) simultaneous multisensory instruction, |
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including visual-auditory-kinesthetic-tactile instruction; |
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(ii) systematic and cumulative |
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instruction; |
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(iii) explicit instruction; |
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(iv) diagnostic teaching to automaticity; |
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and |
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(v) synthetic and analytic instruction. |
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Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF LICENSING AND |
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REGULATION. The department shall administer this chapter. |
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Sec. 403.003. EXEMPTION FOR CERTAIN EDUCATORS. This |
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chapter does not: |
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(1) apply to a person who is required to hold a |
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certificate issued under Subchapter B, Chapter 21, Education Code; |
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or |
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(2) require a school district to employ a person |
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licensed under this chapter. |
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[Sections 403.004-403.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 403.051. ADVISORY COMMITTEE. The department shall |
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appoint an advisory committee to advise the department in |
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administering this chapter. |
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Sec. 403.052. RULES. The commission shall adopt rules |
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necessary to administer and enforce this chapter, including rules |
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that establish standards of ethical practice. |
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[Sections 403.053-403.100 reserved for expansion] |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 403.101. LICENSE REQUIRED. A person may not use the |
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title "basic dyslexia practitioner" or "advanced dyslexia |
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therapist" in this state unless the person holds the appropriate |
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license under this chapter. |
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Sec. 403.102. ISSUANCE OF LICENSE. The department shall |
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issue a basic dyslexia practitioner or an advanced dyslexia |
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therapist license to an applicant who meets the requirements of |
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this chapter. |
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Sec. 403.103. LICENSE APPLICATION. (a) A license |
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applicant must apply to the department on a form and in the manner |
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the department prescribes. |
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(b) The application must be accompanied by a nonrefundable |
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application fee. |
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Sec. 403.104. ELIGIBILITY FOR BASIC DYSLEXIA PRACTITIONER |
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LICENSE. (a) To be eligible for a basic dyslexia practitioner |
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license, an applicant must have: |
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(1) earned a bachelor's degree from an accredited |
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institution of higher education; |
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(2) successfully completed at least 45 hours of course |
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work in multisensory structured language education from a training |
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program that meets the requirements of Section 403.106; |
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(3) completed at least 90 hours of practice of |
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supervised clinical experience in multisensory structured language |
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education; and |
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(4) completed at least five observations of the |
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practice of multisensory structured language education, each |
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followed by a conference and a written report and observed by an |
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instructor from a training program that meets the requirements of |
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Section 403.106. |
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(b) Clinical experience required under Subsection (a)(3) |
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must be obtained under: |
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(1) the supervision of a training program that meets |
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the requirements of Section 403.106; and |
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(2) guidelines approved by the department. |
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Sec. 403.105. ELIGIBILITY FOR ADVANCED DYSLEXIA THERAPIST |
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LICENSE. (a) To be eligible for an advanced dyslexia therapist |
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license, an applicant must have: |
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(1) earned at least a master's degree from an |
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accredited institution of higher education; |
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(2) successfully completed at least 200 hours of |
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course work in multisensory structured language education from a |
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training program that meets the requirements of Section 403.106; |
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(3) completed at least 700 hours of practice of |
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supervised clinical experience in multisensory structured language |
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education; and |
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(4) completed at least 10 observations of the practice |
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of multisensory structured language education, each followed by a |
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conference and a written report and observed by an instructor from a |
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training program that meets the requirements of Section 403.106. |
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(b) Clinical experience required under Subsection (a)(3) |
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must be obtained under: |
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(1) the supervision of a person holding an advanced |
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dyslexia therapist license; and |
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(2) guidelines approved by the department. |
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Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For |
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purposes of determining whether an applicant satisfies the training |
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requirements for a license under this chapter, a multisensory |
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structured language education training program completed by the |
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applicant must: |
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(1) be accredited by a nationally recognized |
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accrediting organization; |
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(2) provide instruction in each element of |
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multisensory structured language education; |
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(3) provide instruction based on the Texas Education |
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Agency publication The Dyslexia Handbook: Procedures Concerning |
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Dyslexia and Related Disorders (2001); |
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(4) be committed to self-study; |
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(5) have been reviewed by dyslexia education |
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professionals who are not affiliated with the training program; and |
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(6) develop and follow procedures to maintain and |
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improve the quality of training provided by the program. |
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(b) The department, in consultation with the advisory |
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committee, shall determine whether a training program meets the |
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requirements of Subsection (a). |
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Sec. 403.107. EXAMINATION; RULES. (a) To obtain a |
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license, an applicant must: |
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(1) pass an examination approved by the department; |
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and |
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(2) pay fees set by the commission. |
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(b) The department shall, in consultation with the advisory |
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committee: |
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(1) administer an examination at least twice each |
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year; |
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(2) determine standards for acceptable performance on |
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the examination; and |
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(3) maintain a record of all examination scores for at |
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least two years after the date of examination. |
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(c) In consultation with the advisory committee, the |
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commission by rule may: |
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(1) establish procedures for the administration of the |
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examination; and |
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(2) require a written examination. |
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Sec. 403.108. REEXAMINATION. (a) A person who fails the |
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examination may take a later examination on payment of a |
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nonrefundable fee for the examination. |
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(b) An applicant who fails two examinations may not be |
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reexamined until the person: |
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(1) submits a new application accompanied by a |
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nonrefundable application fee; and |
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(2) presents evidence acceptable to the department of |
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additional study in the area for which a license is sought. |
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Sec. 403.109. WAIVER OF EXAMINATION REQUIREMENT. The |
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department, in consultation with the advisory committee, may waive |
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the examination requirement and issue a license to an applicant who |
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holds an appropriate certificate or other accreditation from a |
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national organization recognized by the department. |
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Sec. 403.110. PROVISIONAL LICENSE. (a) The department, in |
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consultation with the advisory committee, may issue a provisional |
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license to an applicant currently licensed in another jurisdiction |
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who seeks a license in this state and who: |
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(1) has been licensed in good standing as a basic |
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dyslexia practitioner or an advanced dyslexia therapist for at |
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least two years in another jurisdiction, including a foreign |
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country, that has licensing requirements substantially equivalent |
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to the requirements of this chapter; |
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(2) has passed a national or other examination |
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recognized by the department relating to the practice of |
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multisensory structured language education; and |
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(3) is sponsored by a person licensed by the |
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department under this chapter with whom the provisional license |
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holder will practice during the time the person holds a provisional |
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license. |
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(b) The department may waive the requirement of Subsection |
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(a)(3) for an applicant if the department determines that |
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compliance with that subsection would be a hardship to the |
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applicant. |
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(c) A provisional license is valid until the date the |
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department approves or denies the provisional license holder's |
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application for a license. |
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(d) The department shall issue a license under this chapter |
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to the provisional license holder if: |
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(1) the provisional license holder is eligible to be |
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licensed under Section 51.404 or the provisional license holder |
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passes the part of the examination under Section 403.107 that |
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relates to the applicant's knowledge and understanding of the laws |
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and rules relating to the practice of multisensory structured |
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language education in this state; |
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(2) the department verifies that the provisional |
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license holder meets the academic and experience requirements for a |
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license under this chapter; and |
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(3) the provisional license holder satisfies any other |
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licensing requirements under this chapter. |
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(e) The department must approve or deny a provisional |
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license holder's application for a license not later than the 180th |
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day after the date the provisional license is issued. The |
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department may extend the 180-day period if the results of an |
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examination have not been received by the department before the end |
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of that period. |
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Sec. 403.111. TEMPORARY LICENSE; RULES. The commission by |
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rule may provide for the issuance of a temporary license. |
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Sec. 403.112. INACTIVE STATUS; RULES. (a) The commission |
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by rule may provide for a license holder to be placed on inactive |
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status. |
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(b) Rules adopted under this section must include a time |
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limit for a license holder to remain on inactive status. |
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[Sections 403.113-403.150 reserved for expansion] |
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SUBCHAPTER D. PRACTICE BY LICENSE HOLDER |
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Sec. 403.151. PRACTICE SETTING. (a) A basic dyslexia |
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practitioner may practice only in a supervised educational setting, |
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including a school, learning center, or clinic. |
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(b) An advanced dyslexia therapist may practice in a school, |
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clinic, or private practice setting. |
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Sec. 403.152. CONTINUING EDUCATION. (a) A license holder |
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may not renew the person's license unless the person meets the |
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continuing education requirements established by the commission |
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under Section 51.405. |
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(b) The commission, in consultation with the advisory |
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committee, shall establish the continuing education requirements |
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in a manner that allows a license holder to comply without an |
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extended absence from the license holder's county of residence. |
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(c) The department shall: |
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(1) provide to a license applicant, with the |
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application form on which the person is to apply for a license, |
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information describing the continuing education requirements; and |
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(2) notify each license holder of any change in the |
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continuing education requirements at least one year before the date |
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the change takes effect. |
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[Sections 403.153-403.200 reserved for expansion] |
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SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY |
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PROCEDURES |
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Sec. 403.201. COMPLAINTS. Any person may file a complaint |
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with the department alleging a violation of this chapter or a rule |
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adopted under this chapter. |
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Sec. 403.202. PROHIBITED ACTIONS. A license holder may |
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not: |
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(1) obtain a license by means of fraud, |
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misrepresentation, or concealment of a material fact; |
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(2) sell, barter, or offer to sell or barter a license; |
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or |
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(3) engage in unprofessional conduct that endangers or |
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is likely to endanger the health, welfare, or safety of the public |
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as defined by commission rule. |
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Sec. 403.203. MONITORING OF LICENSE HOLDER; RULES. |
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(a) The commission by rule shall develop a system for monitoring a |
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license holder's compliance with this chapter. |
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(b) Rules adopted under this section must include |
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procedures to: |
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(1) monitor for compliance a license holder who is |
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ordered by the department to perform certain acts; and |
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(2) identify and monitor license holders who represent |
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a risk to the public. |
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Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR |
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CRIMINAL CONVICTION. (a) The commission may deny a license or may |
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suspend or revoke a license if the applicant or license holder has |
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been convicted of a misdemeanor involving moral turpitude or a |
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felony. The commission may take action authorized by this section |
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when: |
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(1) the time for appeal of the person's conviction has |
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elapsed; |
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(2) the judgment or conviction has been affirmed on |
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appeal; or |
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(3) an order granting probation is made suspending the |
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imposition of the person's sentence, without regard to whether a |
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subsequent order: |
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(A) allows withdrawal of a plea of guilty; |
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(B) sets aside a verdict of guilty; or |
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(C) dismisses an information or indictment. |
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(b) A plea or verdict of guilty or a conviction following a |
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plea of nolo contendere is a conviction for purposes of this |
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section. |
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Sec. 403.205. SCHEDULE OF SANCTIONS; RULES. The commission |
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shall use the schedule of sanctions adopted by commission rule for |
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any sanction imposed as the result of a hearing conducted by the |
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department. |
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Sec. 403.206. REINSTATEMENT. (a) A person may apply for |
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reinstatement of a revoked license on or after the first |
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anniversary of the date of revocation. |
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(b) The department may: |
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(1) accept or reject the application; and |
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(2) require an examination as a condition for |
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reinstatement of the license. |
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Sec. 403.207. REPRIMAND; CONTINUING EDUCATION. (a) In |
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addition to other disciplinary action authorized by this |
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subchapter, the commission may: |
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(1) issue a written reprimand to a license holder who |
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violates this chapter; or |
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(2) require that a license holder who violates this |
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chapter attend continuing education programs. |
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(b) The commission, in consultation with the advisory |
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committee, may specify the number of hours of continuing education |
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that must be completed by a license holder to fulfill the |
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requirement of Subsection (a)(2). |
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Sec. 403.208. EMERGENCY SUSPENSION. (a) The commission or |
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a three-member committee of members designated by the commission |
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shall temporarily suspend the license of a license holder if the |
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commission or committee determines from the evidence or information |
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presented to it that continued practice by the license holder would |
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constitute a continuing and imminent threat to the public welfare. |
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(b) A license may be suspended under this section without |
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notice or hearing on the complaint if: |
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(1) action is taken to initiate proceedings for a |
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hearing before the State Office of Administrative Hearings |
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simultaneously with the temporary suspension; and |
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(2) a hearing is held as soon as practicable under this |
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chapter and Chapter 2001, Government Code. |
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(c) The State Office of Administrative Hearings shall hold a |
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preliminary hearing not later than the 14th day after the date of |
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the temporary suspension to determine if there is probable cause to |
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believe that a continuing and imminent threat to the public welfare |
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still exists. A final hearing on the matter shall be held not later |
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than the 61st day after the date of the temporary suspension. |
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[Sections 403.209-403.250 reserved for expansion] |
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SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES |
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Sec. 403.251. DECEPTIVE TRADE PRACTICE. A violation of |
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Section 403.101 is a deceptive trade practice. |
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Sec. 403.252. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person violates Section 403.101. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 2. The heading to Subtitle G, Title 3, Occupations |
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Code, is amended to read as follows: |
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SUBTITLE G. PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND |
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DYSLEXIA |
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SECTION 3. Section 51.301, Occupations Code, applies only |
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to a violation of Chapter 403, Occupations Code, as added by this |
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Act, that occurs on or after February 1, 2008. |
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SECTION 4. (a) Except as required by Subsection (b) of |
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this section, this Act takes effect September 1, 2007. |
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(b) Section 403.101 and Subchapters E and F, Chapter 403, |
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Occupations Code, as added by this Act, take effect February 1, |
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2008. |